RAMESH LAL DAS Vs. DILIP KUMAR DAS

JUDGEMENT

(1.) Judgment dtd. 18/5/2017 passed by the learned Additional District Judge, 11thCourt, Alipore, South 24 Parganas in O.S. No. 8 of 2014, whereby direction was given to grant probate in respect of the Will dtd. 4/12/1999 executed by one Basant Kumar Das, has been called in question in the present appeal.

(2.) One Dilip Kumar Das (in short, Dilip) filed one application under Sec. 276 of Indian Succession Act, 1925 (in short, Act of 1925) on 1/2/2011 before the Court of District Delegate, Alipore, South 24 Parganas which was registered as Act 39 case no. 42 of 2011, contending inter alia that Basanta Kumar Das, since deceased (hereinafter referred to as the testator) breathed his last on 15/2/1971 at his permanent place of abode and prior to his death, on 4/12/1999 he made and published his last Will and testament in which he appointed Dilip, who happens to be his nephew (elder brother's son), as sole executor. It was claimed therein that the Will was duly executed and attested in presence of the witnesses and the same was registered on 28/1/2000.

(3.) Three next kin of the testator, who were arrayed as defendant nos.1 to 3, resisted the grant of probate by filing common written statement rendering the case as contentious cause. However, ultimately, case was registered as O.S. No. 08 of 2014 and was transferred to the learned Court below for disposal.