LAWS(CAL)-1993-6-24

NILENDU SEN Vs. PRATIP KUMAR SEN

Decided On June 18, 1993
NILENDU SEN Appellant
V/S
PRATIP KUMAR SEN Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11th of August, 1983, passed by her Lordship, the Hon'ble Mrs. Justice Padma Khastgir in testamentary Suit No. 20 of 1981.

(2.) We shall now set out the background in which the litigation was launched.

(3.) Bereft of unnecessary details, the facts of the case are that one Amiyabala executed a Will on 6.8.72, in favour of the propounder, Pratip Kr. Sen, one of the sons of the testatrix. It is needless to say that Amiyabala passed away a little over 5 years since the execution of the will in English language. She was governed by the Hindu Succession Act and bequeathed all her properties both movable and immovable in an outside jurisdiction of this Court in favour of her relations as detailed in the Will.