RAMEN KUMAR GHOSH Vs. GOURI DAS AND ANOTHER

JUDGEMENT

(1.) The younger son of the testator questions the propriety of the grant of probate in favour of two of his sisters. The appellant says that the alleged Will was executed in suspicious circumstances and the cloud of suspicion that was raised as a result of the grounds urged in the affidavit in support of the appellant's caveat were not dispelled either in course of the evidence carried by the propounders to the Court or by the judgment and decree impugned herein.

(2.) It appears from a reading of the testamentary document of August 01, 1994 that testator Ramesh Chandra Ghosh hailed from erstwhile East Pakistan and what is now part of Bangladesh. The testator was allotted a piece of land in 1980 by the State under a registered deed that prohibited transfer inter vivos for a period of ten years from the date of the document. The Will claims that the testator had been ill-treated by younger son Ramen and Ramen's wife which compelled the testator to disown such younger son by a formal document executed before a notary.

(3.) According to the Will, the testator was utterly disappointed with the conduct of the appellant herein and his wife and even mentioned that he had asked them to remove themselves from his house but his entreaties fell on deaf years. The testator recounted that of his three daughters, Arati was well off as Arati's husband was a school teacher and they had a place to stay. Married daughter Gouri and then unmarried daughter Padma were the beneficiaries under the Will and the two beneficiaries were also named as executors.