IMPORTANT POINT
A person is free to make as many Wills as he wishes – Once Court certifies a particular Will to be genuine and puts its seal of approval thereon, all previous Wills automatically stand nullified.

JUDGMENT

Arijit Banerjee, J.—The plaintiff prays that Letters of Administration in respect of what she claims to be the last Will executed by Late Belarani Ghosh, on March 24, 2001, and credits of the deceased be granted in her favour throughout the State of West Bengal.

2. Belarani Ghosh died on July 17, 2004, living behind an immovable property situate at Premises no. 64/2/18 Biren Roy Road, Sukanta Nagar, Barisha, Kolkata-700 008. The plaintiff and the defendant are her two daughters and the only legal heirs.

3. The plaintiff claims that Belarani executed her last Will and Testament on March 24, 2001. The instrument is in Bengali Language. The plaintiff is the sole beneficiary under the Will. Nobody has been named as executor in the Will. The Will has been executed by way of a thumb impression. Three persons have been shown as attesting witnesses.

4. On or about November 30, 2007, the plaintiff filed PLA 362 of 2007 for grant of Letters of Administration in respect of the said Will. Special citation was issued upon the defendant pursuant to an order dated April 9, 2008, passed by a learned Judge of this Court. A caveat was filed by the defendant on April 29, 2008. An affidavit affirmed on May 5, 2008, in support of the caveat was filed by the defendant wherein, inter alia, the authenticity of the said Will was disputed. The proceedings therefore became contentious and were re-numbered as T.S. No. 6 of 2010.

5. In the affidavit in support of the caveat, the defendant’s case is that Belarani was very ill and bed ridden for several years prior to her death. The defendant looked after her and nursed her. The plaintiff never came to see her. The plaintiff has fabricated the alleged Will to grab Belarani’s properties. Belarani never executed any Will in favour of the plaintiff. Before her death, Belarani had disclosed to the defendant that she had made a Will in favour of the defendant. Such Will was misplaced. Suddenly on April 20, 2008, the defendant found such Will made by Belarani under which the immovable Property in question was given to the defendant. She is taking steps for obtaining probate of the said Will.

6. The plaintiff’s case on the other hand is that through her, Belarani was allotted the concerned plot of land by the Refugee Relief & Rehabilitation Department, Government of West Bengal by a registered deed dated July 13, 1989. The plaintiff constructed a house on such land at her own cost. She looked after Belarani who stayed with her. The defendant never cared about Belarani nor contributed any money towards construction of the house. That is the reason why Belarani executed the Will in question devising the immovable property in favour of the plaintiff. The Will is duly attested by three witnesses and has been executed in compliance with the requirements of law.

7. By an order dated June 6, 2013, a learned Judge of this Court framed the following issues:—

“1. Is the document dated 24th March, 2001, the last Will and Testament of Smt. Belarani Ghosh, since deceased?

2. Is the plaintiff entitled to Letters of Administration in respect of the said Bengali Will dated 24th March, 2001?

3. Is the Will dated 24th March, 2001, a fabricated document as alleged in paragraphs 7 and 10 of the written statement?

4. To what other reliefs is the plaintiff entitled?”

8. Although four issues have been framed, essentially, the issue is only one i.e. whether the Will dated March 24, 2001, is the last Will and Testament of Belarani executed in accordance with the rules laid down in Section 63 of the Indian Succession Act, 1925.

9. The first witness examined by the plaintiff is one Biva Bose. She deposed inter alia to the following effect:—

(a) She lives about 3-4 houses away from the house where Belarani used to reside. She used to visit Belarani’s house and called her ‘Masima’. Belarani also used to visit her house.

(b) On March 24, 2001, at the request of Belarani she visited her house at about 1 p.m. She was asked to