P.N.MUKHERJEE, RENUPADA MUKHERJEE
PROMODE KUMAR ROY – Appellant
Versus
SEPHALIKA DUTTA – Respondent
( 1 ) THE appellant before us was the applicant for revocation of a rant of Letters of Administration. The grant was made to the respondent Shephalika Dutta on 22/12/1952, and it was actually issued to her on 2/1/1953. The grant was obtained in respect of the alleged Will of the respondent's father-in-law Charu Chandra Dutta who died in or about November 1932. The Will is dated 3/10/1932. It is an unregistered Will which purports to disinherit the testator's only living son Nayan Chand Dutta and to make a debuttar of all his (the testator's) movable and immovable properties and under the Will the testator's widow Sm. Durgabati Devi was to be the first shebait and after her his son's wife, if any, the son not having married till then, and thereafter their sons, grandsons etc. , and in default the testator's other heirs in succession. In short, after the testator's daughter-in-law, the shebaitship was to follow the testator's line of succession and devolve upon his living heirs at the time, barring, of course, his only surviving son Nayan Chand Dutta who, as already stated, was expressly disinherited and excluded from his properties and the shebaitship. More deta
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