NIRMAL NALINI DEVI Vs. NIRMAL NALINI DEVI

JUDGEMENT

(1.) This is a first appeal by one Saradindu Gangopadhya whose application for the grant of probate in respect of a document which, according to him is the will of a lady named, Jagat Tara Debi, has been rejected by the learned Additional District Judge of Dumka (Santal Parganas). The document in question is Ex. 1, and it has been printed at p. 32 of the paper-book.

(2.) The application for probate was filed on 2-8-1944, the testatrix died on 6-7- 1944 at Deoghar which was her fixed place of abode. According to para. 3 of the application for probate, the appellant is the she bait named in the will and is also the executor by implication. The amount of assets which is likely to come to the petitioner's hand is Rs. 22,650 8-0: vide para. 4 of the application for probate. The details of the assets are set forth in annexure A of the will. In the first place there was a prayer that a probate of the will might be granted. There was an alternative prayer that if the petitioner was not entitled to get a probate of the will, then letters of administration might be granted with the will annexed thereto. The properties mentioned in annexure A included both movable and immovable properties. Among others there is a brick built house valued at Rs. 10,000.

(3.) The main objector was Nirmal Nalini Devi. She is the widow of a deceased son of the testatrix. Another objector was Birendra Nath Pandey who is the son of one Bidhu Bhusan Pandey, a deceased brother of Kali Prasanna Pandey, the husband of Mt. Jagat Tara Debi, the testatrix. The genuineness of the will was called in question by the objectors. According to them even if it is genuine, it is not a will. The title of the testatrix to the properties mentioned in annexure A, already referred to and her right to dispose them of were challenged by the objector Nirmal Nalini Devi in para. 6 of her objection petition. In para. 8 and the subsequent paragraphs some serious allegations were made against the present appellant, Upon the pleadings of the parties, the learned Additional District Judge framed issues which are to be found at p. 16 of the paper-book. These are as follows: (1) Is the document alleged to be the last "will" of Jagat Tara Devi, a "will" within the meaning of the Succession Act? (2) Is the document genuine and duly attested? (3) Can a probate or letters of administration with a copy of the alleged "will" annexed thereto be granted to the applicant?