( 1 ) : The facts of the suit in brief are that one Smt. Kalpana Rani Bhowmick, a Hindu governed by Dayabhaga School of hindu Law died on 2nd day of January, 1992 at 54a, Pratapaditya Road, Kolkata-700026 outside the jurisdiction of this Court after having made and published her last Will and testament dated 15th March, 1975 corresponding to the 1st day of Chaitra, 1381 B. S. and the said Will was duly registered in the office of the Registrar of Assurance, Calcutta. In the said Will the Testatrix appointed her husband, Jagannath Bhowmick, the sole executor in order to obtain Probate of the said Will. Before the said Executor obtained probate of the said Will he died intestate on 11-6-1997 at the same residence. The present petitioners being both the sons of the Testatrix and the Executor appointed by her are the ultimate legatees and beneficiaries named in the Will. In the said Will the executor-husband of the Testatrix was given lifetime estate In respect of the said property covered in the Will. By the said Will the testatrix bequeathed her estate to the present petitioners jointly and in equal shares subject to the life estate of the executor. Kalpana di