SHEFALI MUKHERJEE Vs. SIDHESHWAR CHATTERJEE

JUDGEMENT

(1.) The present suit was filed originally as Test Case No. 5/2006 being an application for grant of probate in favour of the applicant-Plaintiff, Smt. Shefali Mukherjee with respect to the will dated 22.11.2000 of late Renuka Chatterji, her mother.

(2.) It was claimed that the said registered Will dated 22.11.2000 was the last will of late Renuka Chatterji. The same was executed and voluntarily signed in a sound state of health and mind and after fully understanding the contents without any undue influence of anybody in the presence of two witnesses, namely, Ranjay Nandi and Ibha Banerjee.

(3.) The further case of the applicant-Plaintiff is that the testatrix was a Hindu governed by the Dayabhag School of Hindu Law and was a permanent resident of Park Road, P.S. Kadamkuan, Town and District-Patna. At the time of execution of the will she had one son and four married daughters and the subject matter of the will was the three storied building along with outhouse situated at Park Road, Kadamkuan, Patna. It was further stated in the application that the said Renuka Chatterjee died at Magadh Hospital, Patna on 14.3.2002 at 6.15 A.M. The applicant- propounder of the will, Smt. Shefali Mukherjee, has been named as the sole executor of the Will.