BHAVANI Vs. GOVIND BHARGAVI

JUDGEMENT

(1.) PLA No. 88 of 2012 has been filed by one of the joint executors of a Will dated 28 March, 2011 executed by one Abha Rani Sinha of 2/8B, Sarat Bose Road, Police Station Ballygunge, Calcutta 700020 who died on 28 June, 2011. The applicant prays for probate of the said Will in his favour.

(2.) I propose to dispose of the two applications first before considering the application for probate. Re: GA No. 2679 of 2012 (Application of Bikash Sinha) and GA 3234 of 2012 (Application of Mary Catherine Sinha) Contention of Bikash:-

(3.) Learned Counsel for the Bikash Sinha (in short 'Bikash') submitted that after the death of Abha Rani Sinha (in short 'Abha'), Mary Catherine Sinha (in short' Mary') had been withdrawing substantial sums of money from the joint accounts held in the names of Abha and Mary which according to learned Counsel comprise part of Abha's estate. From the documents obtained from Anjan Chakraborty (in short 'Anjan') being one of the joint executors of Abha's Will, it transpired that out of the total sum of Rs. 14,32,01,279/- lying in the bank accounts in the joint names of Abha and Mary as on the date of Abha's death, Mary had withdrawn a sum of Rs. 8,47,46,845/-. Particulars of the bank accounts along with the credit balances therein as on the date of Abha's death i.e. 28 June, 2011 and as on 31 January, 2012 have been given in the form of a chart at page 10 of the application of Bikash.