Asim Kumar Ray, J.

The suit was registered on the basis of an order converting the application for probate of a will dated 30-10-1991 allegedly executed by one Smt.Bibhabati Chatterjee @ Bibhabati Chatterjee @ Smt.Bibhabati Devi @ Bibhabati Devi, wife of late Phanindra Chandra Chattopadhyay @ Chatterjee of 62F/1 , Maharaja Tagore Toad, Dhakuria , P.S. Jadavpur , Calcutta-700 031 into a contentions clause. Application was made by the sole executor /propounder Mukul Chandra Chattejeee, younger son of the testratix.

Bibhabati died on 20-10-2004. Her husband predeceased her. She was the mother of two sons and two daughters, namely, Kamal Chandra Chattejee who predeceased her and died in 1991, Mukul Chatterjee, Gita Banerjee and Jyotsna Bhattacharjee. On 26.04.2010 Mukul Chandra Chatterjee filed the probate application annexing the original Will typed in Bengal language and character. Gita Banerjee filed an affidavit giving consent to the grant of probate in favour of the propounder and Jyotsna Banerjee has neither filed any caveat nor oppose the grant of probate. English translation of the vernacular Will has also been field with the application. On presentation of the appli