DEB PROSANNA KONAR Vs. SUJATA KONAR

JUDGEMENT

(1.) The instant First Appeal is directed against the judgment and order dtd. 12/3/2012 passed by the Learned 5th Court, Additional District Judge, Burdwan in O.S. (Will) Case No. 7/2011. By the said judgment and order, the Learned Judge rejected the application for probate of a Will of Testator, Sudhir Chandra Konar, filed by the executor, Deb Prosanna Konar. FACTS OF THE CASE:

(2.) The short facts, leading to filing of this present appeal, are summarised as under: One Sudhir Chandra Konar, Son of Late Dibakar Konar was a Government Pleader practicing in the Burdwan Court from 1976 to 1996. He made and executed a Holograph Will ('the said Will') on 31/12/1986 appointing his younger son, Deb Prosanna Konar as an executor thereof. At the time of executing and attesting the said Will, the testator was residing permanently at Radhanagar South Road, Burdwan Town within the jurisdiction of the Learned Trial Court. He died on 13/12/2000 leaving behind him his widow and his two sons, namely, Dilip Kumar Konar and Deb Prosanna Konar and two daughters, namely, Chitralekha Ghosh and Rita Roy. By the said Will, he bequeathed his 'residential two storied' house situated at Burdwan including a vacant plot of land measuring more or less four Cottahs on the eastern side of his residential houseintervened by a lane, equity shares and debentures standing in the name of Testator in Public Limited Companies exclusively to his younger son, Deb Prosanna Konar. He bequeathed the rest of his properties equally to all his legal heirs. His wife, Sudhamoyee Konar died during the pendency of the suit.

(3.) The sole executor, Deb Prosanna Konar filed an application for probate under Sec. 276 of the Indian Succession Act, 1925 (hereinafter referred to as 'the said Act') before the Learned District Delegate, Burdwan on 4/5/2002. Which was registered as Will (P) Case No. 82/2002. It was converted to O.S. (Will) Case No. 7/2011 after it became contentious, when one of the testator's son, namely, Dilip Kumar Konar and daughter, Chitralekha Ghosh filed written objections. The younger daughter, Rita Roy did contest the claim for probate.