MANDIRA PAUL Vs. MAYA RANI DEV

JUDGEMENT

(1.) Heard Mrs. S. B. Choudhury, learned counsel appearing for the appellants. None has appeared for the respondents .

(2.) This appeal is directed against the judgment and order dtd. 18/7/2019 passed by the learned District Judge, Hailakandi in connection with Title Suit (Probate) No.02/2018 rejecting the prayer made by the appellants/petitioners for grant of probate in respect of the Will dtd. 2/4/2010 allegedly executed by the testatrix viz., Late Mandadhari Sukla Das.

(3.) The facts and circumstances of the case, in a nutshell, are that the petitioner No.1, Smti. Mandira Paul had instituted Title Suit (Probate) No.02/2018 seeking probate in respect of Will dtd. 2/4/2010 executed by her deceased mother Mandadhari Sukla Das wherein she was appointed as the executor. In the aforesaid probate case, the Deity of "Sri Shiv Mandir" was impleaded as the petitioner No.2. The other two daughters of Late Mandadhari Sukla Das viz. Smti. Maya Rani Dev and Smti. Mangala Sukla Das were impleaded as OP Nos.1 and 2. According to the petitioners, by executing the Will dtd. 2/4/2010, the testatrix had bequeathed 3/4th of the profit generated from her property to be enjoyed by the petitioner No.1 and her two sisters viz. OP Nos.1 and 2 and the remaining 1/4th of such income was to devolve in the name of the petitioner No.2 (Deity). The petitioner No.1 has also claimed that she had been appointed as the executor of the Will, which was executed in presence of attesting witnesses.