PULAK MUKHERJEE Vs. SANTOSH MUKHERJEE AND ORS.

JUDGEMENT

(1.) The appeal is directed against the decision of the Trial Court refusing to grant to the appellant, probate of the Will executed by his father, Bibhuti Mukherjee.

(2.) Bibhuti Mukherjee allegedly executed a Will on 27th of September, 1995. That Will was registered. The Appellant, who is the son of Bibhuti Mukherhjee, was appointed as the sole Executor of the Will. Bibhuti Mukherjee expired on 8th October, 1997. The Appellant preferred a petition for grant of probate on 5th July, 2007 before the District Judge, North 24-Parganas at Barasat, being Miscellaneous Case (P) No. 255 of 2007 (P).

(3.) A written statement was filed on behalf of Gouri Roy, Smt. Krishna Singh and Mita Kar, the Respondent Nos. 3, 5 and 7. They contended that their father was very ill prior to his death and was immobile. The Respondents further pleaded that the Appellant had managed to secure a Will in his favour in order to deprive them of their father's property. They also contended that the Appellant never bothered about their father during his life-time and that though the Respondents were the married daughters of the deceased, they looked after him.