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2022 Supreme(Cal) 1238

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Bandana Bandapadhyaya – Appellant
Versus
Neeti Bhattacharjee – Respondent


Advocates appeared:
Saptangsu Basu, Advocate, Partha Pratim Roy, Advocate, Pratip Kumar Chatterjee, Advocate, Chittapriya Ghosh, Advocate, Priyanka Saha, Advocate, Komal Sinya, Advocate

JUDGMENT

Partha Sarathi Chatterjee, J. - This appeal is directed against the judgment dated 19.9.2016 passed by the learned Additional District Judge, Kandi in Testamentary Case no. 01 (A) of 2014 whereby the prayer of the propounder for grant of probate in respect of the Will allegedly executed by the testator, namely, Taponarayan Bandapadhyaya was turned down.

2. Facts required to be adumbrated for the purpose of adjudication of the appeal, in brief, are that one Bandana Bandapadhyaya, wife of Paresh Bandapadhyaya filed one petition under Section 276 of Indian Succession Act, 1923 (hereinafter referred to as the said petition) stating, inter alia, that Taponarayan Bandapadhyaya (hereinafter referred to as the testator) died on 11.12.2010 at his permanent abode located at Ruppur, P.S. Kandi, District-Murshidabad and he executed his last Will and testament on 20.7.2001 in presence of attesting witnesses bequeathing all his estate in favour of his son, Paresh Bandapadhyaya (hereinafter referred to as the legatee) and the present appellant/petitioner, Mrs. Bandapadhyaya, was appointed executor.

3. Record postulates that all the requirements of Section 276 of Indian Succession Act, 1923

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