TARIT KUMAR CHATTERJEE Vs. TAPAN KUMAR CHATTERJEE

JUDGEMENT

(1.) This first appeal is at the instance of the caveator in a proceeding for grant of probate and is directed against the judgment and decree dated 24th April, 2001 passed by the learned Additional District Judge, 7th Court, Alipore, in O. S. No. 7 of 1995 thereby granting the probate of the Will executed by one Smt. Swapna Chatterjee, the mother of the parties.

(2.) Being dissatisfied, the caveator has come up with the present first appeal. The respondent No.1, one of the three sons of the testatrix, filed an application for grant of probate of the last Will and Testament of Smt. Swapna Chatterjee dated 20th December, 1985 which was subsequently registered on 31rd January, 1986.

(3.) By the said Will written by a deed-writer in Bengali, the testatrix divided her residential house in Behala in three different portions in favour of her three sons. There is no dispute that at the time of execution of the Will, the testatrix had three sons, one married daughter and the husband. The testatrix was alive more than four years after the date of execution of the Will. It was alleged in the application for grant of probate that the said Will was executed in the house of the married daughter of the testatrix situated in Dum Dum. It further appears that the husband and the married daughter of the testatrix were the attesting witnesses to the said Will. The testatrix was literate and she put her signature on the Will in Bengali.