ANKUR SEN Vs. KANCHAN SEN

JUDGEMENT

(1.) Subject appeal would center around a Will sought to be executed by one Joy Narayan Sen, a contractor by occupation, residing in the district of Midnapore now Pachim Midnapore Joy Narayan Sen had his wife, one son and four daughters. The son was married having his wife, one son and one daughter. Out of four daughters; two were unmarried being Kanchan Sen and Tapati Sen. Joy Narayan Sen executed the Will on January 8, 1958. Reading the Will we find that he bequeathed all his immovable properties to his son subject to the life interest of his wife and daughters, specially two younger daughters remaining unmarried at that time. He also made provisions of Rs. 2000/- as marriage expenses for his two younger daughters and entrusted his wife with such sum. The Will written in vernacular would provide for such marriage expenses. It was however not clear whether the amount had already been separately entrusted to his wife or bequeathed through the said instrument. Be that as it may, he executed the Will giving exclusive ownership ultimately to his only son Bhabani Sankar Sen making him the executor of the same. He died few days after such execution. He died on March 9, 1958.

(2.) At the time of death of Joy Narayan Sen both the daughters being Kanchan and Tapati were minor. Kanchan attained majority soon after the death of Joy Narayan whereas Tapati attained majority in 1965.

(3.) Bhabani Sankar applied for Probate in 1959 wherein the widow appeared on her behalf as well as on behalf of both the minor daughters as their natural guardian and consented to the Probate being granted in favour of Bhabani Sankar. Learned District Judge accordingly granted Probate on August 12, 1959. By virtue of the Probate, Bhabani Sankar became the absolute owner of the entire property to the exclusion of the all the natural heirs subject however, the life interest of the widow and two minor daughters.