Ranju Das vs Manisha Das - 2022 Supreme(Tri) 349

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 349

ARINDAM LODH
Ranju Das – Appellant
Versus
Manisha Das – Respondent

Advocates appeared:
S.M. Chakraborty, Sr. Advocate and A. Pal, Advocate, for the Appellant; P. Chakraborty, Advocate, for the Respondents

JUDGMENT

Arindam Lodh, J. - The present appeal arises from the impugned judgment dated 06.08.2019, passed by learned Additional District Judge, West Tripura, Agartala in connection with Case No. TS(Probate) 01 of 2018, whereby and whereunder a Probate Certificate was granted in favour of the sole respondent No.-1, that is, Smt. Manisha Das (Guha) in respect of the Will property mentioned in the schedules of the Will itself by the testator.

2. Shortly stated, the respondent No.-1 had filed an application for granting probate stating that the testator executed the Will dated 12.08.2010 bequeathing her properties described in the schedule of the application in her favour. The Will was executed by the testator at Agartala in presence of the witnesses. The deceased at the time of death had a fixed place of abode at Shibnagar, Agartala within the jurisdiction of this court.

3. Having receipt of summons, the predecessor of the appellants, i.e. the husband of appellant No.-1 and father of the appellants No. 2 and 3 had contested the suit by filing written objection. It is pertinent to mention herein that the predecessor of the appellants, was one of the sons of the testator and, he being phys