RADHIKA PROSAD SAHA Vs. KATYAYANI DASI

JUDGEMENT

(1.) THIS is an appeal by Radhika Prasad Saha and Jagat Bandhu Sarkar (Saha), father and son, and propounders both, from the judgment and decree dated April 9, 1959, of the learned District Judge, Birbhum, refusing to grant probate of a will alleged to have been executed by Bhujanga Bhusan Saha of Debagram, brother of Radhika and necessarily uncle of Jagat, on August 24, 1956, corresponding Bhadra 8, 1363 B. S. The will was registered only two days later, namely, on August 26, 1956, in the residence of the testator Bhujanga, the then Sub-Registrar of the area, raghunandan Saha, having been pressed into service, on commission, for registration. The testator died some four months later, to be exact, on december 21, 1956.

(2.) THE case of the propounders is : the will was duly executed by the testator-a childless one, and was attested according to law. The testator had testamentary capacity at the time of execution of the will. He signed his name in the said will with his own hand and he himself put his initials at the places in the will where the initials were required. The will is the testator's last will by which he appointed them, father and son, executors. This is why they filed the will for being admitted to probate.

(3.) KATYAYANI, the wife of the testator, by her written objection against the grant of probate, raised various pleas (The judgment then lists the pleas seriat m. , as also the evidence, oral and documentary, and proceeds)