TARAK BALA DASI Vs. STATE

JUDGEMENT

(1.) The Court: This is an application for probate of the last will and testament of Smt. Tarak Bala Dasi. The petitioner is the sole executrix named in the last will and testament of the deceased Smt. Tarak Bala Dasi.

(2.) The deceased a Hindu governed by the Dayabhaga School of Hindu Law died on 20th November, 1985 at No. 2, Amrita Lall Bose Street, Calcutta within the local limits of the Ordinary Original Civil Jurisdiction of this Court. The deceased left Will and Testament in Bengali, dated 23rd February, 1978 and the said Will and Testament was registered at. the Calcutta Registry Office. By the said Will and Testament the petitioner was appointed by the testatrix as the sole executrix. It is alleged in the petition that the testatrix left the property within the Ordinary Original Civil Jurisdiction of this Court and the testatrix was also Shebait of the deity of Sree Sree Naru Gopal Jew located at No. 2, Amrita Lall Bose Street, Calcutta which is also situate within the Ordinary Original Civil Jurisdiction of this Court. It is also alleged by the petitioner that the said Will was duly executed. The citation was issued to the person interested and pursuant thereto a caveat has been filed by one Manarama Dey daughter of the testator Tarak Bala Dasi.

(3.) By the said Will and Testament, the testatrix claiming to be the Shebait in respect of Sree Sree Naru Gopal Jew at No. 2, Amrita Lall Bose Street, Calcutta and in respect of Sree Sree Sambhu Nath Jew in the premises situated at Kashi (Uttar Pradesh) and by virtue of the testatrix having a right of making appointment of Shebait in her place and stead made appointment of her eldest daughter Smt, Bhagabati Seal, the petitioner herein as Shebait Sree Sree Naru Gopal Jew of premises No. 2, Amrita Lal Bose Street, Calcutta after her death and whatever right title and claim belonging to the testatrix should vest on the said daughter the petitioner herein during her life time and on her death her youngest named daughter Smt. Rubi Dutta, wife of Shri Sambhu Nath Duty shall be the Shebait of said Sree Sree Naru Gopal Jew in her place and all right title and claim therein shall be vested on her and she shall be entitled to appoint Sabayat in her place and stead in turn. It was also provided in the said will for the appointment of one Shri Shyamal Dey son of testatrix's youngest daughter Smt. Manorama Dey an Shebait of Sree Sree Shambhu Nath Jew, Kashi in place and stead of the testatrix after her death and the testatrix also gave him power for making appointment of Sebayat in her place and stead which shall be effective after her death. The petitioner makes an application for probate of the said will