SUBHASH CHURAN LAW & ORS Vs. TRIPTI LAW

JUDGEMENT

(1.) This First Appeal has been directed against the judgment and decree, passed by learned Additional District Judge, 2nd Court, Alipore, 24 Parganas (South) in O.S. No. 4 of 2000 wherein Learned Judge decreed the suit in favour of the plaintiff/respondent herein on contest and allowed her prayer for getting the Will dated 28.09.1995 (Regd. on 14.12.1995) probated, subject to payment of requisite fees.

(2.) Being aggrieved and dissatisfied with the said judgment and decree, the defendants/appellants herein preferred this appeal on the grounds that learned Court below failed to appreciate the facts & law without considering the faults in the statement of the attesting witnesses, granted probate of the Will in question which was not properly executed according to law.

(3.) The facts of the case as revealed from the plaint of O.S. No. 4 of 2000 is that one Provas Charan Law @ Laha, a permanent resident of 223/1, Bidhan Sarani, P.S. Jorasanko, Calcutta - 700 006 executed a Will on 28.09.1995, got the Will registered on 14.12.1995 but he died on 22.08.1996 at Woodlands Nursing Home, Calcutta-700 027. Such Will was executed in favour of the wife of testator, who is the sole respondent herein. The respondent/plaintiff claims that she being a house wife was not aware of all the properties left by her husband. In order to obtain the probate of the Will, the respondent filed an application before the learned District Delegate at Alipore, being probate Case No. 371/1996 for grant of probate.