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1987 Supreme(Cal) 368

L.M.GHOSH, SANKARI PRASAD DAS GHOSH
AJIT KUMAR – Appellant
Versus
MUKUNDA LAL – Respondent


Advocates Appeared:
AMIT RAKSHIT, Prabir Kumar Samanta, SUDISH CHANDRA DAS GUPT

SANKARI PRASAD DAS GHOSH, J.

( 1 ) THE main question for determination in this appeal is the validity of a will executed by one Nalini Sundari Debi, widow of Rai Bahadur Kalachand Moulik, on 24-4-1950 and registered on 13-2-52. After execution and registration of the Will Nelini Sundari died on 5-6-59, leaving four sons, Mukunda-lal, Provat, Sailendra and Ajit as well as a daughter named Kamala. She had two other daughters, Binapani and Renubala, who had died prior to the filing of petition for grant of Letters of Administration by Ajit, the youngest son of Nalini Sundari in the court of the District Delegate, Alipore, on 2-8-79. The plaintiff appellant, Ajit Maulik, filed that petition for grant of Letters of Administration on alleging that he was the specific and universal legatee under the Will.

( 2 ) THE suit in the court below was contested by the respondents 1 and 2, Mukunda and Provat. The defence was that Rai Bahadur Kalachand Maulik, husband of Nalini Sundari, was the sole and absolute owner of all the properties, including the properties mentioned in the Will. Nalini Sundari was only a benamdar. It was alleged that it seemed that Nalini was not aware of the contents of















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