JIBENDRA NATH BISWAS Vs. SWADESH GHOSH

JUDGEMENT

(1.) ONE Jibendra Nath Biswas obtained on lease from the Government of West Bengal on 30th March, 1997, a parcel of land comprising of 6.3522 cottahs , which was demarcated and described as plot No. 7 in Block - BA, Sector -1, of Bidhannagar in Salt Lake City, extension area District 24 Parganas (s), P.S. Salt Lake. The lease was for 999 years.

(2.) JIBENDRA Nath died on 5th November, 1991. Whether he died intestate or testate is the question to be ultimately answered. At the time of his death, he left behind Kuhu Biswas, his widow and two sons Dipta and Soumya, as his natural heirs. They are impleaded as the fifth to seventh respondents in this proceeding.

(3.) AT least these three persons believed that Jibendra Nath had died intestate. This is for various reasons. They proposed to apply before the Urban Development Department of the government of West Bengal to record their names as joint lessees, of the said property as the heirs of Jibendra Nath. In this connection Kuhu Biswas affirmed an affidavit on 14th May, 1996 before the Notary Public Calcutta, where she declared that Jibendra Nath had died intestate and that she and her two sons aged 25 years and 20 years respectively were his only legal heirs. Similarly, Dipta and Soumya affirmed separate affidavits before the same Notary stating that each of the three of them was entitled to l/3r of the above property. They said that they were unmarried and were residing with their mother. There was no mention of a will or any other testamentary instrument of their father.