SUDHIR CHANDRA GHOSE Vs. STATE

JUDGEMENT

(1.) THE applicant has filed this case for grant of probate having its effect throughout India in respect of the Will executed by his father Late Sudhir Chandra Ghose (testator) on 13.10.1988 respecting the Estate/property set out therein. The applicant was appointed executor of the said Will.

(2.) IN course of consideration of the said case, this Court in its order dated 01.04.2005 directed the Branch Manager of the State Bank of India, Patna Main Branch to remit a sum of Rs.2600/ - after enchasing travellors cheque issued in the name of the testator towards payment of duty. The balance amount of duty was directed to be drawn from the savings bank accounts of the testator with the Postmaster of Patna High Court Post Office and the Branch Manager Central Bank of India, Rajendra Nagar Branch, Patna. Further amount was directed to be drawn from the LIC policies of the testator as detailed in paragraph 5 of the application. The remaining amount, if any, was required to be paid by the applicant. On payment of the duty the said test case being Test Case No. 03 of 2004 was heard and by a judgment/order dated 02.02.2008 the same was finally allowed. Be it noted that in the light of the said order dated 01.04.2005 a show cause on behalf of the Senior Divisional Manager, LIC of India, Patna Divisional Office, Patna (at Flag 4) was filed stating as under in paragraph 3,6 and 7: -

(3.) IT has been contended on behalf of the applicant that the amount due and payable under two policies subscribed by the testator has not till date been verified/examined by the LIC and paid to the beneficiary i.e. the applicant. On the other hand, a stand has been taken by the LIC that the claim is stale inasmuch as no proof has been furnished by the applicant in respect of the premium, if any, paid by the testator under those two policies. The issue with regard to non payment of the dues, if any, under the remaining two policies subscribed by the testator cannot be gone into in the present testamentary case. The claim(s) by the applicant are stale. In respect of one of the policies the applicant furnished certain documents/papers/receipts relying whereof a sum of Rs. 7,680 has already been disbursed.