BUDHMAL KULTHIA Vs. SMT. SUDHA SONI

JUDGEMENT

(1.) P.L.A. No. 168 of 2010 was filed by the propounder Smt. Sampath Devi Kulthia, the plaintiff, praying for letters of administration of the Will and Testament dated 26th Oct., 2002 of the deceased Budhmal Kulthia as sole beneficiary under the Will and Testament of the said deceased with effect throughout the Union of India.

(2.) It is the case made out by the propounder that Budhmal Kulthia, the deceased, who was during his lifetime and at the time of his death a Hindu inhabitant governed by Mitakshara School of Hindu Law, departed his life at 81, Muktaram Babu Street, Kolkata-700007 on 4th April, 2004 as is evident from a death certificate annexed to the petition and marked with the letter 'A'. Prior to the death of the deceased he made and published his last Will and Testament in Hindi language and character on 26th Oct., 2002 in respect of his assets and properties whereby the said deceased declared the plaintiff as the sole beneficiary and legatee to the said last Will and Testament dated 26th Oct., 200 The plaintiff has filed the original Will in Hindi language and character together with English translation thereof duly certified to be the English translation of the Will in Hindi by an interpreting officer of this court. The said translation of the original Will is marked as Annexure 'B' to the petition. The original Will in Hindi has been tendered in evidence and has been marked as Exhibit 'A'. From the translated copy of the Will it appears that the testator has put his thumb impression (LTI) on the first page of the will (Rs. 10 stamp paper) and thereafter on plain pages being page Nos. 2, 3 and 4 being part of the original Will. The testator declared that he put his thumb impression on the will out of his own accord 'as a signature'. The original Will appears to have been signed by the following persons after the signature of the testator that is, (1) Jagdish Prasad Soni, (2) Om Prakash Jadhia, (3) Rajkumari Bhama, (4) Sudha Soni, (5) Dr. Sarat Kr. Das.

(3.) LTI of the testator has been attested by Shri A.K. Biswas, Notary, Government of India on 26th Oct. 2002. The deceased stated in the will that had he died intestate he would have the following heirs (a) Sampath Devi Kulthia, wife of Late Ashoke Kr. Kulthia, a pre-deceased son of the testator. (b) Smt. Kiran Soni, Wife of Shri Sachin Soni and daughter of late Ashoke Kr. Kulthia and Smt. Sampat Devi Kulthia (propounder), (c) Smt. Rajkumari Bhama @ Bharma @ Soni, wife of Ramesh Kr. Bharma, a married daughter of the testator. (d) Smt. Sudha Soni, wife of Shri Pawan Kumar Soni, the married daughter of the testator.