SABITRI PAL Vs. RAMENDRA KUMAR DAS

JUDGEMENT

(1.) Sachindra Nath Das bequeathed his properties by Will and testament executed and registered on October 18, 1982 appearing at pages 1-5 of part II of the paper book. By the said Will and testament Sachindra appointed his married daughter Smt. Sabitri Das as the sole executrix. Sachindra had no issue. He and his wife took Sabitri in adoption in 1970. Sabitri was the daughter of his elder brother Girindra. Sachindra arranged her marriage however, Sabitri did not have cordial relationship with her husband and she started staying with Sachindra about 5-6 months before execution of the Will. As per the Will, Sabitri would be entitled to reside in a portion of the dwelling house as also a sum of Rs.100 per month for her maintenance and personal expense during the life time of the wife of Sachindra. After the death of Sachindra's wife, Sabitri would become the absolute owner of the dwelling house. Sachindra died on December 11, 1994. Sabitri filed application for probate before the learned District Judge at Alipore on June 20, 2001 that was opposed by Ramendra Kumar Das who claimed to be the son of Girindra. In short, the parties were siblings by birth however, Sabitri became the adopted daughter of the testator whereas the respondent was his nephew.

(2.) PW1 Sabitri proved the Will. She identified the signature of the testator as also the attesting witnesses. She denied the defendant having 1/3rd share in the property as claimed by him. She also deposed, the wife of Sachindra died on November 23, 1993. She could not be shaken in cross-examination, including on the issue of adoption.

(3.) PW2 Mohit Mukherjee was one of the attesting witnesses. The relevant extract of his deposition is quoted below: