ASHOKE KUMAR BAG Vs. NILIMA RANI KOTAL

JUDGEMENT

(1.) Judgment dtd. 18/12/2015 passed by the learned Additional District Judge, Fast Track, 3rd Court, Paschim Medinipur in O.S. No. 01 of 2006, whereby direction for grant of probate in respect of the Will and testament dtd. 28/6/1996 executed by one Manmatha Nath Bag was given, is under challenge in the present appeal.

(2.) One Nilima Rani Kotal (in short, Nilima) preferred an application under Sec. 276 of Indian Succession Act, 1925 (in short, Act of 1925) before the learned District Delegate, Medinipur and the aforesaid application (hereinafter referred to as the said application) was registered as Probate Case no. 134 of 1997.

(3.) In the application, it was, inter alia, contended that her father, Manmatha Nath Bag, who died on 10/6/1997 at his permanent place of abode, executed his last Will and testament on 28/6/1996 and the Will was duly registered on the same day i.e. on 28/6/1996. Testator died leaving behind his widow, Puspa Rani Bag, one son, Ashoke Kr. Bag, the appellant herein and two daughters namely, Nilima and Sima Rani Das. Nilima alleged that at the relevant time of execution of the Will, testator was in sound and disposing state of mind and Nilima was appointed executor in the Will and hence, Will was fit to be probated.