KALYANI MAITE AND ORS. Vs. SHRIDAM MAITE

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by Learned Additional District Judge, 2nd Court, Barasat, North 24-Parganas on 31.08.2010 in Misc. Case No.159 of 1998, by which Learned Judge dismissed the application for revocation of grant of probate. The appellants instituted the proceeding for revocation of grant of probate by challenging the order passed by Learned District Judge, Barasat in Misc. Case No.53 of 1995.

(2.) The appellants are the wife and daughter of one Rabindra Nath Maite who died on 05.03.1994 in his residence at Village Debalaya, P.S. Deganga, District-North 24-Parganas. Rabindra Nath Maite has three other brothers by full blood, namely Bholanath Maite, Shridam Maite and Ram Maite. The daughter and son-in-law of the deceased Ram Maite have been living in the house of Rabindra Nath Maite. The son-in-law, Ashoke Kumar Biswas is looking after the property of the deceased Rabindra Nath Maite and he constructed two pucca rooms to be used as shop room on the land of the deceased Rabindra Nath Maite. The appellants/petitioners have pleaded that the will dated 08.01.1990 alleged to have been executed by Rabindra Nath Maite is fake and fabricated. It is alleged that Rabindra Nath Maite had no intention to give the property described in the said will in favour of his nephews Samir Maite and Somnath Maite by appointing the respondent, Shridam Maite as the executor of the said will. The further allegation made by the appellants is that one Abani Sardar whose name appears as attesting witness of the said will is the brother-in-law of the respondent, Shridam Maite and Nemai Mondal whose name appears on the said will as attesting witness is the husband of the sister-in-law of the respondent, Shridam Maite. The appellants have specifically stated that the deceased Rabindra Nath Maite was not in good terms with his brothers including the respondent, Shridam Maite during his life time and that he made a complaint before Shri Madan Mondal, a Panchayat member against his brothers on 14.07.1987. The appellants have also pleaded that citations were not served on the appellants in the probate proceeding, though the appellants have interest in the estate of the deceased Rabindra Nath Maite as his legal heirs.

(3.) The respondent, Shridam Maite contested proceeding for revocation of grant of probate by filing written objection wherein he has specifically denied that the will executed by Rabindra Nath Maite in favour of his nephews is fake and fabricated. According to the respondent, Rabindra Nath Maite voluntarily executed the will on 08.01.1990 in favour of his nephews, Samir Maite and Somnath Maite with knowledge and consent of the appellants. The respondent has also specifically pleaded that the citations were not only served on the appellants, but also published in the Bengali Newspaper, Aajkal on 24.12.1995.