IN RE: ARAN CH. MITRA (DECEASED) Vs. STATE

JUDGEMENT

(1.) This is a probate proceeding instituted by Smt. Maya Mitra, alias Saroju Mitra, the sole executrix appointed by the last will land Testament of the deceased dated 14th July, 1947.

(2.) Petitioner's case is that the deceased Arun Ch. Mitra, a Hindu governed by the Dayabhaga School of Hindu Law died on 16th July, 1986 at 53, Ananda Palit Road, Calcutta -14. During his life -time the deceased executed and published his last Will and Testament in English language and character on 14th July, 1947 and appointed the Petitioner the sole executrix and administrator. That the said Will was duly executed by the deceased will be evident from the affidavit of Sri S.C. Dutta one of the attesting witnesses to the Will. He has also made a similar declaration at the foot of the petition. The Will in original is annexed to the petition. The deceased left behind him (1) the Petitioner as his wife, (2) Tarun Kr. Mitra, a son (3) Tapan Kr. Mitra, a son & (4) Miss Manju Bose, a daughter. In view of the last Will and Testament of the deceased the Petitioner is entitled to the grant of a probate with a copy of the Will annexed.

(3.) On the prayer of the Petitioner special and general citations were issued and in response Tarun Kr. Mitra, the eldest son of the deceased who had already filed a caveat, affirmed an affidavit -in -opposition. Wherein the caveator has denied the factum, validity, execution and attestation of the Will. It has been alleged that the deceased was a person of weak disposition. Subjugated by the Will of the wife and that the Will was not the Will of the deceased made out of his free will. As the eldest son of the deceased, the caveator used to look after the father during his life time but at no point of time his father disclosed about any such Will have been executed by him. The alleged Will is antedated to give it a colour of genuinity. As the eldest child of the deceased he all along lived with the deceased until his death and witnessed frequent quarrels by and between the parents. The mother always wanted that the entire estate of the father would go to her and to nobody else. Father was always dominated by the mother and the father could never exercise his free Will in any matter, far to say in the matter of execution of the Will.