RATHINDRA LAL CHAKRABORTY Vs. PARAMARTHA SADHAK SANGHA

JUDGEMENT

(1.) THE present appeal under Section 299 of the Indian Succession Act, 1925 is directed against the Judgment and Order dated 09. 04. 99 passed by the learned Additional District Judge, Shri S. Paul, West Tripura, Agartala in Misc. (Probate) Case No. 7 of 1988 granting probate of the Will dated 21. 03. 88 made by Late Hiran Prabha in favour of the respondent.

(2.) CORE questions i. e. (1) Whether the Court of Probate under the Indian Succession Act, 1925 is only concerned with the question as to whether the document (Will) put forward as the last Will and testament of a deceased person was duly executed and attested in accordance with law? (2) Whether at the time of such execution the testator had sound disposing mind? (3) Whether the probate Court is competent to decide the question of title of the property bequeathed by Will? Put up by the appellants in the present appeal for answers from this Court had already been answered in a Catena of cases by the Apex Court as well as this Court. It is too late for the day to allow this appeal by answering the question that the Probate Court under the Indian Succession Act, 1925 is competent to decide the questions of title of the property bequeathed by Late Hiran Prava Chakraborty by executing Will dated 21. 03. 88.

(3.) A short factual panorama which would be sufficient for effective decision of this appeal are that testatrix Hiran Prava Chakraborty executed the Will on 21. 03. 88 in respect of the property i. e. land measuring 6 gandas 2 karas appertaining to Khatian No. 5216 comprising C. S. Plot No. 14237 (P), 14238 (P), 14239 (P) and 14240 (P) at mouja Agartala Sheet No. 16 classified as homestead in favour of respondent. The testatrix died on 17. 04. 1988 and the respondent is executor named in the Will. The Secretary of the respondent filed an application under Section 276 of the Indian Succession Act, 1925 for a prayer for granting probate of the Will dated 21. 03. 88 executed by the testatrix Hiran Prava Chakraborty during her life time bequeathing Will property mentioned above to the respondent in the Court of District Judge, West Tripura, Agartala and the said application had been registered as Misc. (P) Case No. 7/88. The Will dated 21. 03. 88 is the last Will and the testament of the testatrix.