Banga Chandra De vs Sm. Menaka Sundari De

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1932 Supreme(Cal) 232

Banga Chandra De – Appellant
Versus
Sm. Menaka Sundari De – Respondent

JUDGMENT

1. The will concerned in this case is alleged to have boon executed by one Ganga Bishnu De on 17th September 1888. He died about a month after, leaving a brother named Ram Gobinda De and a widow, a widowed sister and three infant daughters who were then residing with their mother in the house of Ram Gobinda. On 17th December 1889 Ram Gobinda as executor made a petition for probate giving in the petition the names of the widow and the widowed sister and stating that they were under the will entitled to enjoy the profits of the estate left by Ganga Charan and also saying that his own son Jagatbandhu was the owner of the said property by virtue of the will. Citation was issued on the widow and the widowed sister. There was no contest and on the other hand there was a petition purporting to have been made by the widow and the widowed sister consenting to the grant. On 11th August 1890 letters of administration were ordered to issue on the footing that there was no opposition, but there was prima facie proof of the will, and that the applicant was a legatee under the will. There is some doubt however whether the grant was of letters of administration or of probate, because in th

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