UMASASHI SAHA Vs. PARIBALA SAHA

JUDGEMENT

(1.) This appeal is against a judgment and decree dated the 5th July, 1974 granting probate of a Will dated the 2nd Feb. 1951 of Subodh Bala Sana, deceased.

(2.) The material facts on record are, inter alia, that the testatrix, died on the 30th May, 1953 leaving her surviving her two sons, Umapada and Shyamapada, Reshnibala, widow of Renupada, a predeceased son, Sankar and Mrityanjay, her two grandsons and the sons the said Renupada and Debjani her daughter unmarried at the date of the death of the testatrix as her heirs in intestacy. In the Will, Gobardhan Mallick, the husband of Pramilabala, another married daughter of the testatrix, the said Paribala and the said Reshnibala were nominated as the executors and the executrices respectively.

(3.) It is recorded in the Will that Umapada had his own house and landed properties at Khulna and lived separately. The temporary permission given to Umapada to reside in the house of the testatrix at Chinsura was directed to stand revoked. It is also recorded that he would have no claim over the estate of the testatrix.