ANIL KUMAR KUNDU Vs. NETAI CHANDRA BORAL

JUDGEMENT

(1.) This is an application far revocation of the probate under section 263 of the Indian Succession Act.

(2.) The facts are briefly as follows: A probate has been granted by this Court in Matter No. 38 of 1987 on the basis of the application filed by one Netai Chandra Boral alias Netai Chandra Das praying for a probate on the last Will and testament of Subodh Chandra Boral.

(3.) The said Netai Chandra Boral, who is the respondent in this application, applied for probate on the basis of the Will left by Subodh Chandra Boral alleging that he is the adopted son of Late Subodh Chandra Boral and that Late Subodh Chandra Boral by his last Will and testament dated 13th January, 1980 bequeathed all his right as trustee and Shebait of the debuttar estate mentioned in the Will in his favour and has also appointed him the executor under the Will and on the basis thereof he was applying for probate. In the said application, Netai Chandra Boral alleged that he being the adopted son, the properties of the deceased would have devolved upon him even on intestacy and consequently, there was no other heir in intestacy on which a special citation was to be issued.