ARINDAM LODH,J. - (1.)The present appeal arises from the impugned judgment dtd. 6/8/2019, 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 dtd. 12/8/2010 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 physically challenged contested the said application through his attorney, the appellant No. 1(b), namely, Shri Rahul Raja Das.
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