SUKUMAR ADHIKARY Vs. DIPU RANI ADHIKARY

JUDGEMENT

(1.) THIS appeal is at the instance of an Executor in the proceedings for grant of probate and is directed against the judgment and decree dated 19th February, 2002 passed by the Additional District Judge, First Court, Hooghly, in Probate suit No. 107 of 1988 thereby dismissing the said proceedings.

(2.) THE appellant before us filed an application for grant of probate of an unregistered Will dated 4th November, 1987 alleged to have been executed by one chandi Charan Ghosh by which his entire property was given to his youngest daughter, the wife of the Executor.

(3.) IT appears from record that the deceased was suffering from liver cancer and was admitted in B. R. Singh Hospital from 7th October, 1987 till 7th november, 1987 and ultimately, died on 15th November, 1987. The said Chandi charan Ghosh had married twice. There are two children through his first wife and further two children from the second wife. According to the Executor, the will was scribed by one Sailendra Nath Das, a deed writer, on the oral instruction of the testator taken down by him in writing and such Will was executed on 4th november, 1987 in the hospital itself where two co-patients figured as attesting witnesses.