Suhas Chandra Sen, J.: Banamali Das died on or about October 13, 1984. He left behind a Will by which he appointed his son Subrata Das the sole executor of Will. The petitioner on about 1.7.1988 applied for Probate (Probate Case No. 191 of 1988) before the District Delegate at Alipore. In the Will, the widow of Banamali Das, Sm. Uma Das has been named as the sole beneficiary-cum-legatee. The petitioner along with his application made an affidavit of assets showing the valuation of the movable assets as Rs. 4,11,011/- The value of the immovable property located at 18/3, Ballygunge Circular Road, Calcutta, was shown at Rs. 2.80 lacs. Subsequently, the petitioner filed a fresh report of valuation by a Chartered Valuer who valued the immovable property at current market value of Rs. 5,67,194/-. The Probate application could not be taken up and disposed of because no valuation report was sent by Probate Deputy Collector. This application had to be made because the delay was causing great prejudice to the petitioner and his mother who was the sole beneficiary-cum-legatee. It has been stated in the petition that Sm. Uma Das, the widow was lying ill and was in financial distress.”

2