SUJATA DHAR Vs. RANJIT KUMAR DHAR

JUDGEMENT

(1.) Judgment dtd. 30/3/2019 passed by the learned Additional District Judge, 1st Court, Sealdah passed in O.S. no. 02 of 2016, whereby the application for grant of probate in respect of the Will and testament of one Rabindra Nath Dhar executed and registered on 27/2/1997 had been turned down, has been called in question in the present appeal.

(2.) One Sujata Dhar, claiming herself to be the executrix, filed an Act 39 case vide. No. 39 of 2015 before the District Delegate, Sealdah, inter alia, contending therein that one Rabindra Nath Dhar, Hindu bachelor, having his permanent place of abode at 48, Sura East Road, P.S.-Belaghata, Kolkata -10 died testate on 14/11/2004 leaving behind three brothers and one sister.

(3.) Rabindra Nath Dhar (in short, testator) executed and duly registered his last Will and testament on 27/2/1997 bequeathing the property, detailed in affidavit of assets appended to the application, in favour of the applicant, Sujata Dhar who happened to be his brother's wife. It was claimed that original Will was lost and one general diary was lodged with local police station and propounder obtained certified copy of the Will from the office of the Registrar concerned and filed the same seeking grant of probate thereof. It was claimed therein that there was no impediment to grant of probate in respect of the Will and testament executed by the testator.