KALYANI GHOSH Vs. GAYATRI GHOSH

JUDGEMENT

(1.) The appeal is arising out of the judgment and order dtd. 13/3/2015 passed by learned Additional District Judge, Fast Track Court, Sreerampur in probate Suit No. 15 of 2011.

(2.) The present appellants are the two daughters of the testator, namely, Bhanu Rani Ghosh and Kalyani Ghosh. Kalyani is the unmarried daughter and Bhanu is the widowed daughter at the time of execution of the alleged Will. They were residing with the testator at the relevant time under the Will. The wife of the testator Smt. Sarashi Dasi was given life interest in respect of all the properties left by the deceased and the widowed daughter was given the right of residence. She was allowed to stay in one room as long as she would remain alive. The Will is silent on Kalyani, the unmarried daughter.

(3.) Kalyani and Bhanu contested the probate proceeding. They have alleged that the Will was not executed and attested in accordance with law under Sec. 63 of the Indian Succession Act, 1925. The propounder of the Will had failed to dispel/remove the reasonable suspicion, which surrounded the execution and attestation of the alleged Will. It was alleged that the testator was an alcoholic person and at the time of execution of the Will he was not in proper frame of mind.