(1.) One Kalap Nath Jaiswal was a resident of Calcutta. He was a successful businessman and a wealthy person. He had two wives (This was when the Hindu Marriage Act, 1955, was not there). The first wife's name was Kamla Devi (in short 'Kamla'). The second wife was Shanti Devi (in short 'Shanti').
(2.) Kalap Nath had 4 sons and one daughter from his first marriage, namely, Ajay, Vinod, Manoj, Sanjay and Nirmala respectively. From his second marriage Kalap Nath had two sons and five daughters namely Vijay, Pradip, Pramila, Urmila, Meena, Beena and Shila respectively.
(3.) Kalap Nath died on June 16, 1996, having made and published, what the plaintiff says, was his last Will dated October 5, 1994. The plaintiff and Vijay (two sons from the second marriage) were named as executors in the Will. In the Will, the branch of Kalap Nath's first wife was by-passed and nothing was given to them. Kalap Nath devised and bequeathed all his properties, immovable and movable, to the branch of the second wife and in particular to Vijay and Pradip and their families. There was also a bequest in favour of his second wife Shanti.
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