NITAI CHAND CHOSH Vs. STATE

JUDGEMENT

(1.) THE present application is filed under sections 273 and 276 of the Indian Succession Act for grant of probate of the Will dated 23.09.2007 executed by Late Nitai Chand Ghosh (hereinafter to be referred as the 'testator'). The applicant is the son of the testator.

(2.) ACCORDING to the applicant, the testator was a Hindu, governed by the Dayabhaga School of Hindu Law and was a permanent resident of flat no.203, Lily Arcade Apartment, Road No.13A, Rajendra Nagar P.S. Kadamkuan, Town and Dist. Patna. The testator died at his aforesaid residence on 16.07.2012. While he was alive, the Will was voluntarily executed in the sound state of health and mind fully understanding its contents. There was no undue influence or coercion on the testator. The Will was executed in presence of the four attesting witnesses, namely, Shyamal Mitra (AW - 1), Somdut Motilal (AW -2), Amit Sinha (AW -3) and Shyamal Kumar Banerjee. That the wife of Late Nitai Chand Ghosh had predeceased him. In paragraph 6 of the application, it has been stated that the testator left behind the near relatives namely Smt. Rita Sen wife of Subimal Sen and Smt. Moitreyee Kumar wife of Bipin Kumar, both daughters of the testator. The applicant is the only son and has been named as the sole executor of the Will. Details of the assets which are likely to come in the hands of the applicant, are set out in Schedule A appended to the application. The amount of liabilities and other deductions have been set out in Schedule B. It has been asserted that the Will dated 23.09.2007 was the last Will of the testator. No other application for grant of probate or the letters of administration prior to this has been made either to this Court or to any other court. It has thus been prayed to grant probate of the said Will to have its effect throughout the Indian territory.

(3.) TO Prove the Will the applicant has produced the Will, in original, executed by the testator. Three witnesses, namely, Shyamal Mitra(AW -1) Somdut Motilal (AW -2) and Amit Sinha(AW -3) respectively have been examined -in -chief as the attesting witnesses to the Will in question. The applicant has examined himself as AW -4.