MRINALINI DEB BARMA Vs. UPAMA DEB BARMA

JUDGEMENT

(1.) ONE Bidyut Prabha Debbarma died on 1. 12. 1995 survived by four sons and three daughters. Her husband predeceased her. During her life time all the sons and daughters were married and living in their individual separate houses. She was old, ailing and lonely in her house for a considerable period before her death. Only one daughter, Smt. Upama Debbarma (the first respondent herein) who was a staff nurse under the Health Family Welfare Department of the State Government served her mother with dedication. Other survivors were indifferent towards their mother. They hardly visited her. She was the owner of certain landed properties. Except the house where she was living all such properties were transferred by her to her sons.

(2.) THE house she was living in covered an area of seven gandas. The love, respect and dedication of her daughter Upama actuated her to execute a Will to bequeath the house to that daughter. The Will was drafted by Dr. H. K. Bhattacharjee, an advocate by profession (P. W-3 ). The Will was executed by Smt. Bidyut Prabha Devi on 15. 2. 1989 in presence of Hirendra Chandra Debbarma (P. W-2 ). The other witness Jagatendra Debbarma (now deceased) signed as witness on 16. 2. 1989. After the death of the executor in 1995 Upama Debbarma came to know about the Will in her favour and consequently applied for probate of the Will under Section 276 of the Indian Succession Act 1925 in the court of District Judge, West Tripura, Agartala arraying all the other brothers and sisters as respondents-opposite parties. Of the six opposite parties only Utpal Debbarma, the eldest brother, contested the prayer for probate. Others did not appear to raise objection.

(3.) THE suit for probate was filed in 1996. In 1998 Utpal Debbarma died. His legal heirs Smt. Mrinalini Debbarma (wife), Ms. Barnali Debbarma (daughter) and Sri Niranjan Debbarma (son) were substituted as opposite parties in place of Utpal Debbarma. The petitioner Upama Debbarma examined herself (P. W-1), Sri Hirendra Chandra Debbarma (P. W-2) and Dr. H. K. Bhattacharjee (P. W-3 ). The other attesting witness Jagatendra Debbarma was no more. Taking into account the Will in question and the deposition of the witnesses the learned District Judge allowed the petition granting probate to the petitioner in respect of the lands and building standing thereon as detailed in the Will.