DIPAK KUMAR BANERJEE Vs. SUGATA CHAKROBORTY

JUDGEMENT

(1.) Originally, Test Case No. 2 of 2002 was filed by the applicant Dipak Kumar Banerjee under section 276 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act") for grant of Probate in respect of a registered Will dated 15.07.1968 executed by Late Sri Sunil Kumar Banerji. It is stated in the application that Late Sunil Kumar Banerji, during his life-time, executed and registered a Will on 15.07.1968 at Sub-Registry Office, Asansol in favour of his wife Gita Banerji and his son Dipak Kumar Banerji as joint executors of the Will, in sound state of mind and with full deliberation and without any pressure from anybody, in presence of two witnesses, namely, Bimal Krishna Chanda and Panchkauri Mukherjee. It is stated that the testator was a Hindu governed by the Dayabhaga School of Hindu Law and he was a permanent resident of Mohalla- Dariyapur, P.S. - Pirbahore, in the district-Patna. The testator died on 26.01.1983 leaving his widow Gita Banerji including three children, namely, Dipak Kumar Banerji, Mrs. Amita Chakraborty wife of Sri Subrata Kumar Chakraborty and Kumari Nandita Banerji.

(2.) Before filing of the Test case, co-executor, namely, Gita Banerji died on 30.5.1999. Therefore, the case was filed by the only surviving executor named in the Will, i.e. Dipak Kumar Banerjee.

(3.) It is stated in the Will that all immovable properties in the houses and lands left by the Testator Sunil Kumar Banerji will devolve on his wife but she will not alienate her properties to anyone. It is stated that after the death of Gita Banerji, Dipak Kumar Banerji, son of the testator will have absolute right to execute the Will.