MANJU KUMAR CHOSH Vs. C T RAY

JUDGEMENT

(1.) An application was made by the applicant Ranju Kumar Ghosh under Section 276 of the Indian Succession Act, 1925 for grant of Letter of Administration of the estate of late Ashoke Kumar Ray on the basis of a Will allegedly executed by the Testator Ashoke Kumar Ray on 24-11-1992 about four days prior to his death on 28-11-1992.

(2.) Ashoke Kumar Ray was a confirmed bachelor and he was an employee of A.G. Bihar posted at Ranchi. During his life time he acquired some property by himself at Anantpur at Ranchi town and constructed houses thereon. He had also share in the ancestral property situated at village Beliatore in the district of Bankura in the State of West Bengal. Besides that he had also some amounts deposited in the form of Fixed Deposit and purchase of Kisan Vikas Patra, details of which were given in the Schedule of the petition. By the Will, it has been alleged that the Testator, Ashoke Kumar Ray considering his bad health as he was suffering from virulent type of cancer made arrangement for bequeathing his properties on his death. The beneficiaries as per the Will are Smt. Keka Ghosh wife of the applicant, Ranju Kumar Ghosh as she had been bequeathed all the lands and houses thereon situated at Anantpur. The share in the ancestral property had been bequeathed in favour of Madhup Ray son of M.G. Ray, who happened to be the younger cousin brother of the Testator and some money as per the Will had also been given to his own nephews Sudipto and Sumanto Mazumdar. By the Will, it has been alleged in the petition that the applicant Ranju Kumar Ghosh had been appointed as an Administrator and in that capacity he made an application under Section 276 of the Indian Succession Act for grant of Letter of Administration. The near relatives of the Testator, late Ashoke Kumar Ray had been made parties to the proceedings as per para-3 of the application. Out of those near relatives, objections have been filed only by Sumanto Mazumdar who admittedly happen to be the nephew of late Ashoke Kumar Ray. Although, other relatives as mentioned in para-3 had not filed any objection but it appears that M.G. Ray and Vani Ray, brother and sister of late Ashoke Kumar Ray had supported the objection filed by Sumanto Mazumdar.

(3.) The case of Sumanto Mazumdar as per the written objection/caveat is that the will is unnatural one and had been obtained by undue influence and fraud and the Will does not express the free mind of the so-called Testator. It was allegedly executed in a very suspicious manner and suspicious circumstances just before four days of the death of so-called Testator. The Testator was admittedly suffering from virulent kind of cancer of stomach. The entire stomach from below the chest unto large Intestine was completely affected. He was being given food through artificial tube. According to the Objector, atleast about 10 days before the death, the so- called Tbstator was in severe pain and his condition was very weak and was completely bed ridden and in semi coma state and for the last two months prior to his death he was not in his complete sense and was unable to understand anything or to have any feelings for anybody. According to the Objector, it was not possible in such state of mind and health for the Testator to execute any Will on 24-11-1992. It was further alleged that the Will was got to be signed at the instance and influence/ connivances with Mrs. Keka Ghosh on any date or dates prior to the alleged date in the so-called Will. Very many allegations have been brought against the wife of the applicant i.e. Mrs. Keka Ghosh to the effect that she was having unnatural relationship with bachelor Ashoke Kumar Ray and taking advantage of his feeble health she got the Will executed and also get the lion share of the properties of Late Ashoke Kumar Ray in her favour and only to give a sanctuous picture some properties which had no value at all had been shown to be bequeathed in the Will in favour of other near relatives.