LAWS(CAL)-2008-6-44

GOPAL DAS BAGREE Vs. KRISHNA KUMAR KOTHARI

Decided On June 27, 2008
GOPAL DAS BAGREE, SINCE DECEASED Appellant
V/S
KRISHNA KUMAR KOTHARI Respondents

JUDGEMENT

(1.) THE present probate proceedings were filed before the City Civil court at Calcutta and have been transferred pursuant to an order of this court. The deceased belonged to one of the original Marwari families which set up business in the city and made it the commercial hub of the country that it once was.

(2.) THE propounders have set up a Will which is disputed in all aspects by the only Class-I heir of the deceased - his widow. Despite the apparent opposition to the grant by the widow, the propounders do not make any direct allegation against the widow; they say that the widow was in the clutches of a nephew of the deceased and continues to be under the influence of the widow of the nephew who has since died. They have questioned the veracity of the affidavits filed in the, name of deceased gopal Das Bagree's widow Gaura Devi.

(3.) G. A. NO. 1098 of 2005 is the propounders' application to be appointed administrators pendente lite and other orders for administration of the estate G. A. No. 1635 of 2006 is the propounders' application for withdrawing monies in bank accounts of the alleged testator to conduct proceedings for realisation of money due to the estate. G. A. No. 3205 of 2007 is the propounders' application for rejection of the affidavit in support of the caveat filed by the widow and for rejection of all pleadings filed in the name of Gaura Devi.