NIRMAL KUMAR SAHA Vs. SEFALIKA SAHA

JUDGEMENT

(1.) This is an application by two joint executors to a will, asking for appointment of a receiver or an administrator pendentelite over an estate to collect its income, defray the expenses and to take other protective measures to protect it. The estate is of Deb Kumar Shaw. He made his last will and testament on 13th April, 2005 appointing the joint executors and a codicil on 7th April, 2006. He died on 31st December, 2009.

(2.) He had the following heirs who would have succeeded to the estate on intestacy. They are, 1) Smt. Sefalika Saha (widow), 2) Dr. Jyotirmoy Saha (son), 3) Dr. Dipankar Saha (son) and 4) Dr. Purabi Mondal (daughter). None of the above heirs gave consent to the grant of probate.

(3.) On 13th September, 2010, the joint executors filed an application for grant of probate. The application was registered as PLA NO. 246 of 2010. Both general and special citations were issued to the heirs of the testator. The two sons lodged caveats; the widow and the daughter did not.