JUDGMENT :

Soumen Sen, J.

1. The application for grant of probate dismissed by the learned 8th City Civil Court, Calcutta in OC No. 17 of 2009 by a judgment and order dated 7th March, 2022 is the subject matter of challenge in the present appeal.

2. One of the beneficiaries is the appellant.

Prelude:

3. Briefly stated, Harish Chandra Gogia (in short ‘Harish’) owned several properties in Kolkata, Delhi and Dehradun at the time of his death. Although he had purchased a valuable property on S.N. Mukherjee Road being Premises No. 2, Surendra Nath Banerjee Road along with his brothers and at the time of death had 20% share in the said property, he never resided at the said premises and instead, he was living in a rented accommodation at Premises No. 9/3, Dacres Lane. Harish had a mysterious death at Rajgir, Bihar on 21st November, 1981 and was cremated on 23rd November, 1981 after his body was brought back to Calcutta. He died within six weeks from the date of execution of his alleged will. The death certificate records that “from the PM report it appears that no definite opinion could be ascertained with regard to the cause of death”. The alleged will was executed by Harish on 10th June, 19