GOODS OF USHA MUKHERJEE Vs. DEBIKA BANERJEE

JUDGEMENT

(1.) The parents of the petitioner allegedly executed two separate Wills in favour of her brother in respect of properties at Salt Lake and also at Kalyani along with movables. Two separate probate proceedings were initiated in the year 2007 by the executor/brother of the petitioner, and after being registed by the petitioner the said proceedings have become contentious, and are now pending as testamentary suits. Other sister raises no objection to the prayer of the executor/ beneficiary of the said Wills.

(2.) According to the petitioner, the executor being a resident of USA is not taking proper care in maintaining the valuable immovable properties at Salt Lake City, Kolkata and Kalyani. As a result of which the property at Salt Lake City, Kolkata has become dilapidated. The property at Kalyani has been intruded by outsiders and has been encroached upon. Photographs of two properties have been placed with the records.

(3.) It is also alleged by the petitioner that she came to know from reliable sources that the executor is also trying to sell off both the immovable properties, and if he is able to do so, the petitioner will suffer irreparable loss and injury since she has caveatable interest and she has every chance to succeed in the testamentary suits.