ANIL KUMAR ROY Vs. ALOKA GHOSH

JUDGEMENT

(1.) AN application for grant of probate of a Will was opposed and was marked as a contentious cause. Joint executors named in the last Will and testament of Anil Kumar Roy since deceased applied for the grant of the Will of the said deceased.

(2.) THE applicants claim that the deceased left behind his Will and last testament dated April 20, 1980. The deceased died seized and possessed of movable and immovable properties described in Schedule A in the affidavit of the joint executors. One of the attesting witnesses has filed an affidavit stating that, the original Will annexed to the application of the joint executors is the Will of the deceased and that such will was signed in presence of the two attesting witnesses and that the attesting witnesses set and subscribed their respective signatures in the presence of the deceased and each other. The attesting witnesses also stated that the testator was of sound mind and made the said Will of his free consent and volition.

(3.) THREE issues were settled by the Order dated February 19, 2013. The settled issues are as follows: -