LAWS(CAL)-2019-11-27

KISHAN LAL CHADHA Vs. KAMINI SARIN

Decided On November 19, 2019
Kishan Lal Chadha Appellant
V/S
Kamini Sarin Respondents

JUDGEMENT

(1.) This is a suit for grant of probate on the last Will and testament dated 17th July, 2007 of the testator Kishan Lal Chadha @ Krishan Lal Chadha (deceased).

(2.) The plaintiff's case in brief is that the deceased Kishan Lal Chadha @ Krishan Lal Chadha used to reside at Flat No. 3 at 8, Chapel Road, Hasting, 2nd floor, Kolkata-700 022 who died on 5th April, 2010. During his life time he was carrying on partnership business under the name and style of M/s. Bharat Commercial Enterprises his place of business at 26, C.R. Avenue, Kolkata who used to maintain Bank Account No. 33610052758 and 33610160844 with Standard Chartered Bank, Church Lane Branch, Kolkata-700 001 with balance of Rs. 36,792.23 p. and Rs. 1,39,617.92 p. also left behind various Bank Balances & Deposits in then Grindlays Bank PLC, now known as Standard Chartered Bank which are movable, and other immovable asset situated both within and outside the jurisdiction of this Hon'ble Court, particulars of which are set forth in the affidavit of Assets affirmed by the petitioner on the 21st day of December, 2010 and he left behind him, his wife, son and two daughters as his only heirs/heiress and legal representatives under the Hindu Succession Act.

(3.) The said heirs namely, Vimla Chadha and Ritu Maira have consented to the grant of probate being issued in favour of the petitioner in respect of the properties left by the deceased but Kamini Sarin, second daughter has objected to grant being issued in favour of the petitioner.