1. This is an application for probate filed by the executor to the will and testament dated 4th February, 1997 purportedly executed by Paramesh Chandra Sen, who died on 23rd September, 1985. Admittedly, the executor is residing in United Kingdom and filed the said application for probate in 2005. The facts stated in the said application are that the said Paramesh Sen, since deceased was a Hindu governed by Daybhanga school of Hindu Law and was a permanent resident of premises no. 29, Ballygung Place, Kolkata – 700 019. The testator died on 23rd September, 1985 at his residence within the jurisdiction of the State of West Bengal. The said testator executed his last will and testament on 4th February, 1979 bequeathing his half share in the said residential property to his wife Kalindi Sen for her life and on her death the same would devolve upon the executor absolutely and the other half share to the executor. The testator appointed the wife as sole executrix to obtain the probate of the said will without furnishing any security and to administer the estate in terms of the said will. The will further provides that in the event the said executrix predeceases the testator or