BANDANA BANDAPADHYAYA Vs. NEETI BHATTACHARJEE

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 19/9/2016 passed by the learned Additional District Judge, Kandi in Testamentary Case no. 01 (A) of 2014 whereby the prayer of the propounder for grant of probate in respect of the Will allegedly executed by the testator, namely, Taponarayan Bandapadhyaya was turned down.

(2.) Facts required to be adumbrated for the purpose of adjudication of the appeal, in brief, are that one Bandana Bandapadhyaya, wife of Paresh Bandapadhyaya filed one petition under Sec. 276 of Indian Succession Act, 1923 (hereinafter referred to as the said petition) stating, inter alia, that Taponarayan Bandapadhyaya (hereinafter referred to as the testator) died on 11/12/2010 at his permanent abode located at Ruppur, P.S. Kandi, District-Murshidabad and he executed his last Will and testament on 20/7/2001 in presence of attesting witnesses bequeathing all his estate in favour of his son, Paresh Bandapadhyaya (hereinafter referred to as the legatee) and the present appellant/petitioner, Mrs. Bandapadhyaya, was appointed executor.

(3.) Record postulates that all the requirements of Sec. 276 of Indian Succession Act, 1923 (hereinafter referred to as the Act of 1923) were complied with and next kin of the testator were impleaded as opposite parties in the petition. Initially, the aforesaid petition was filed before learned District Delegate and the same was registered as Probate case no. 12 of 2012 but since opposite parties/respondent nos. 1 and 2 herein impeached the Will by filing written objection, the same became contentious and was placed before the learned District Judge, Murshidabad and the same was registered as Testamentary Case no. 01(A) of 2014 and transferred to the Court of the learned Additional District Judge, Kandi for disposal.