SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Cal) 778

SOUMEN SEN, UDAY KUMAR
Kalyani Ghosh – Appellant
Versus
Gayatri Ghosh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Goutam Brahma, Adv., Mr. Tarapada Das, Adv., Ms. Pampa Saha, Adv., Mr. Arijit Dey, Adv.
For the Respondent: Mr. Saptangshu Basu, Sr. Adv. Mr. Pratip Kr. Chatterjee, Adv. Mr. Ayan Banerjee, Adv.

JUDGMENT :

Soumen Sen, J.

1. The appeal is arising out of the judgment and order dated 13th March, 2015 passed by learned Additional District Judge, Fast Track Court, Sreerampur in probate Suit No. 15 of 2011.

2. The present appellants are the two daughters of the testator, namely, Bhanu Rani Ghosh and Kalyani Ghosh. Kalyani is the unmarried daughter and Bhanu is the widowed daughter at the time of execution of the alleged Will. They were residing with the testator at the relevant time under the Will. The wife of the testator Smt. Sarashi Dasi was given life interest in respect of all the properties left by the deceased and the widowed daughter was given the right of residence. She was allowed to stay in one room as long as she would remain alive. The Will is silent on Kalyani, the unmarried daughter.

3. Kalyani and Bhanu contested the probate proceeding. They have alleged that the Will was not executed and attested in accordance with law under Section 63 of the Indian Succession Act, 1925. The propounder of the Will had failed to dispel/remove the reasonable suspicion, which surrounded the execution and attestation of the alleged Will. It was alleged that the testator was an alcoholic

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top