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1958 Supreme(Cal) 145

P.C.MALLICK
IN THE GOODS OF GANAPATI SARKAR AND PRADIP K. SARKAR – Appellant
Versus
UMARANI BOSE – Respondent


Advocates Appeared:
A.N.BOSE, R.DEB

P. C. MALLICK, J.

( 1 ) THIS is an application for revocation of a grant. This Court granted probate of the Will of Ganapati Sarkar deceased, dated 6-10-1954 to the daughters of the deceased, who are also named executors in the Will. The grant was made on 25-7-1957. The ground on which this grant is sought to be revoked is that by a subsequent Will dated 25-12-1954, the testator revoked the former Will. Under the subsequent Will, the petitioner, a son of Bidhu Bhusan Sarkar, is the sole executor, to whom practically the entire estate has been bequeathed. Bidhu Bhusan is a cousin of the testator. The testator had no son but 8 daughters. The testator's wife died years ago, in 1936, when the daughters were very young. The testator did not marry again.

( 2 ) SURENDRA, Bidhu Bhusan and Ganapati, the testator, were 3 sons of one Ram Charan. Ram Charan had a brother, Gagan Chandra, who had no son. Gagan adopted Ganapati, and by his will bequeathed half the estate to his adopted son Ganapati, and the remaining half to his two nephews, Surendra and Bidhu Bhusan in equal share. Gagan died in 1905, and probate of the Will was granted by this Court in the same year. In 1940, Surendra, Bidhu a














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