SANAT KUMAR DAS Vs. ARATI DAS

JUDGEMENT

(1.) In an application for grant of letters of administration, which was heard as a contentious cause, a judgment and decree was passed on 30th April, 2009 granting letters of administration to the respondents. Hence this appeal.

(2.) The dispute is about an alleged Will of one Jiban Krishna Das, dated 10th July, 1980. It is holographic, written and signed in Bengali. Jiban Krishna Das lived for some eighteen years after the alleged Will and died in 1998. His wife predeceased him on 19th November, 1993. So did one of his sons on 15th April, 1996.

(3.) The subject matter of this alleged Will is a three-storied residential house in Dumdum. Jiban Krishna had all his three living sons at the time of execution of this alleged Will. He bequeathed one floor to each of his sons for life and upon their deaths, to his grandsons, by his sons, absolutely. Jiban Krishna also had two daughters who got nothing under this alleged Will.