IN GOODS OF Vs. PURNO CHANDRA BARICK[DECD ]

JUDGEMENT

(1.) The Court : This is an application filed by Jadunath Barick and four others praying for an order converting Testamentary Suit No. 108 of 1985 into a proceeding for grant of Letter of Administration and thereafter to grant Letter of Administration in respect of last Will and Testament dated 22nd May, 1970 of Purna Chandra Barick in favour of the petitioner in connection with the whole estate of the deceased throughout the State of West Bengal.

(2.) One, Purna Chandra Barick, since deceased, a Hindu, governed by Dayabhaga School of Hindu Law, executed and published his last Will and Testament in English language and character on 22nd May, 1970. The said Purna Chandra Barick died testate on 27th May, 1970 at premises no.150B, Acharya Prafulla Chandra Road, within the Municipal town of Calcutta and within the ordinary civil jurisdiction of this Hon'ble Court. Under the aforesaid last Will and Testament the deceased appointed Smt. Sarala Bala Barick, widow of his predeceased son, Manmotho Nath Barick and the predecessor-in-interest of the petitioners herein, namely, Netai Chandra Barick, being the only surviving son of his pre-deceased son, Manmotho Nath Barick, as executrix and executor respectively. The said Will was registered on 22nd May, 1970 itself at the Calcutta Registry Office. The said Will dated 22nd May, 1970 in original has been annexed to the application for grant of probate and was filed by Netai Chandra Barick, since deceased, being the executor singly as the other person being the executrix of the Will, namely, Smt. Sarala Bala Barick, had declined to join him in the application for grant of probate meaning thereby she refused to give consent to the grant of probate of the Will of deceased Purna Chandra Barick. The probate application was registered as P.L.A. 108 of 1985 which inadvertently misdescribed as Testamentary Suit No.108 of 1985. However, by virtue of an order passed by this Court on 13th September, 2017 the said error was rectified and P.L.A. 108 of 1985 was registered by the Department as T.S. No.17 of 2017.

(3.) The executrix, Smt. Sarala Bala Barick, died on 17th January, 2004 and the executor, Netai Chandra Barick, died on 6th October, 2011. Therefore, as of now neither the executrix, nor the executor is alive.