RAJ KUMAR GHOSH Vs. SINCHITA GHOSH

JUDGEMENT

(1.) Appellants challenged the order (deemed decree) dtd. 20/11/2017 of Learned Additional District Judge, 1st Court Sealdah, passed in connection with O.S 26 of 2013, whereby letter of administration of testamentary property under the last Will and testament of Arati Ghosh executed on 22/2/2007, was granted to the respondent/plaintiff.

(2.) Testatrix Aarti Ghosh executed her last Will on 22/2/2007 in respect of the premises at 34/ 1 J.K. Mitra Road Kolkata. She appointed Jayanta Ghosh as propounder of the testamentary property. She passed away on 20/4/2007 leaving behind her husband Tarapada Ghosh, two sons Jayanta Ghosh, Rajkumar Ghosh, two daughters Alpana Roy, Chanda Ghosh, one daughter-in- law Mandira Ghosh w/o Jayanta Ghosh, and a grand-daughter, Sinchita Ghosh daughter of Jayanta Ghosh, as her legal heirs and successors. Her husband Tarapada Ghosh was suffering from paralysis. He died on 31/5/2013.

(3.) Jayanta Ghosh, met an unfortunate death on 1/5/2013, leaving the Will unprobated. Wife Mandira Ghosh and daughter Sanchita Ghosh were legal heir and successor of his estate. For better administration of the property under the Will, Sinchita Ghosh filed an application under Sec. 278 of Indian Succession Act,1925 (hereinafter referred to as Act), to the Probate Court for grant of letter of administration in respect of the said testamentary property on 1/4/2014.