RABINDRA NATH KUNDU Vs. RATHINDRA NATH KUNDU

JUDGEMENT

(1.) AN application for grant of letters of administration annexing the Will was filed by one Rabindra Nath Kundu as an applicant/beneficiary/legatee of a will duly made and published by Rakhal Chandra Kundu being the testator.

(2.) ON the basis of the special citation issued, only one of the caveators, namely, Rathindra Nath Kundu lodged a caveat and filed an affidavit in support of a caveat. The said caveator did not, however, contest the proceeding. After filing the said caveat no step was taken by the said caveator to resist the letters of administration in favour of the applicant/beneficiary/legatee. In support of the letters of administration three witnesses have been examined. The applicant/beneficiary/legatee who also happens to be the beneficiary deposed that the said Will was in the handwriting of his father and has duly identified the signature of the testator. The attesting witnesses also appeared and deposed. They have duly identified their signature and further deposed that the testator put his signature in presence of the attesting witnesses. The attesting witnesses testified the signatures of the executant of the Will. The attesting witnesses put their signatures on the Will animo attestandi. The attesting witnesses not only had deposed about the testator's signature on the Will but also with regard to the fact that each of the witnesses had signed the Will in the presence of the testator. The evidence of the witnesses would show that the testator had put his signature out of his own free Will having sound disposition of mind. Sufficient evidence with regard to the due execution of the Will and mental dispositions of the testator having been brought on record and in absence of any contrary evidence the Will is proved. The Will has been proved in the manner as provided under Section 68 of the Evidence Act read with Section 63 of the Succession Act.

(3.) THE applicant/beneficiary/legatee is, thus, entitled to grant of letters of administration annexing the Will of the last Will and testament corrected vide order dated 25 -07 -2013 duly published by Rakhal Chandra Kundu. Accordingly, it is ordered that the letters of administration of the said last Will and testament of the deceased dated 13th September, 1997 is granted in favour of the applicant/beneficiary/legatee.