The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.

JUDGMENT : 

Krishna Rao, J.:

1. The plaintiff has initially filed an application being PLA No. 189 of 2014 for grant of Letters of Administration of the last Will and Testament of deceased, Smt. Kironbala Debi alias Kironbala Banerjee dated 18th July, 1986. On issuance of Special Citation out of total 17 legal heirs of the testatrix, only three legal heirs have filed caveats and affidavits in support of caveat. On receipt of caveats and affidavits in support of caveat, the application for grant of Letters of Administration is converted as Testamentary Suit No. 30 of 2015.

2. FACTS OF THE CASE:

a. The plaintiff, Indrajit Banerjee, son of late Dipti Lal Banerjee @ Dipak Banerjee is one of the grandsons of the testatrix. The testatrix died on 23rd January, 1993, leaving behind the following legal heirs:

i. Priya Lal Banerjee (since deceased) - Son :

Priya Lal Banerjee died leaving behind his wife Monika Banerjee (daughter in law of the testatrix) and Monika Banerjee died leaving behind (i) Partha Banerjee, Son and (ii) Krishna Das, daughter, (Grandson and granddaughter of the testatrix).

ii. Moni Lal Banerjee (since deceased) - Son :

Moni Lal Banerjee died leaving behind (i) Ila Banerjee, wife (Daughter in law of the testatrix) (ii) Abhijit Banerjee, Son, (iii) Chandana Sarkar, Daughter and (iv) Maitreyi Chatterjee, Daughter, (Grandson and granddaughters of the testatrix).

iii. Phani Lal Banerjee (since deceased) – Son :

Phani Lal Banerjee died leaving behind his wife Arati Banerjee (Since Deceased), (i) Subhajit Banerjee, Son, (ii) Surojit Banerjee, Son and (iii) Sangita Mukherjee, Daughter, (Grandsons and granddaughter of the testatrix).

iv. Dipti Lal Banerjee (since deceased) - Son :

Dipti Lal Banerjee died leaving behind his son, Indrajit Banerjee, grandson of the testatrix (Plaintiff herein).

v. Renuka Chatterjee (since deceased) - Daughter :

Renuka Chatterjee died leaving behind her sons, Samir Kumar Chatterjee and Sisir Kumar Chatterjee, (since deceased) (Grandsons of the testatrix).

vi. Bulu Mukherjee (since deceased) - Daughter :

Bulu Mukherjee died leaving behind her sons, Pradip Mukherjee and Prasanta Mukherjee (grandsons of the testatrix).

vii. Chhabi Chatterjee (since deceased) - Daughter :

Chhabi Chatterjee died leaving behind her son, Kalyan Chatterjee (grandson of the testatrix).

viii. Gita Mukherjee (since deceased) – Daughter :

Gita Mukherjee died leaving behind her husband, Sailendra Kumar Mukherjee (Son in law of the testatrix), Nabanita Mukherjee and Madhumita Jaiswal, daughters (grand-daughters of testatrix).

b. The testatrix executed her last Will and Testament on 18th July, 1986 by appointing her third son, namely, Phani Lal Banerjee as sole Executor of her last Will. The Executor died on 22nd June, 2003, without applying for grant of probate of the said Will. By the said Will, the testatrix bequeathed the land measuring an area of 30 Kattahs with all building and structures standing thereon at premises no. 2, Tangra 2nd Lane, comprised in Holding No. 171, Police Station, Tangra to her youngest son, Dipti Lal Banerjee alias Dipak Banerjee and after the death of Dipti Lal Banerjee, his son Indrajit Banerjee, the plaintiff shall get the said landed property.

c. Dipti Lal Banerjee died on 1st September, 2005. The wife of Dipti Lal Banerjee, namely, Ranu Banerjee died on 14th April, 2013. The plaintiff being one of the beneficiary of the Will has filed the present suit for grant of Letters of Administration.

3. SUBMISSIONS OF THE PLAINTIFF:

a. Mr. Suman Dutt, Learned Senior Advocate representing the plaintiff submits that the Will has been executed by the testatrix in presence of two attesting witnesses. One of the attesting witnesses is Dr. Mihir Kumar Dutta, who was also the