LAWS(CAL)-2012-3-147

DIPAK KUMAR HIMATSINGKA Vs. JYOTSANA RAJGARHIA & ANR

Decided On March 15, 2012
DIPAK KUMAR HIMATSINGKA Appellant
V/S
JYOTSANA RAJGARHIA And ANR Respondents

JUDGEMENT

(1.) This appeal is directed against a judgment and/or order dated 10th October, 2002 passed by the Hon'ble Single Judge revoking a grant of Probate issued by the Court on 10th February, 1987. The said order was passed on an application filed by the respondent No. 1 Jyotsana Rajgarhia.

(2.) The facts of the case briefly are as follows:

(3.) On 28th December, 1973 one Anirudha Kr. Himatsingka published a Will bequeathing his all property to his wife Usha Himatsingka. Mr. Bhagwati Prasad Himatsingka was appointed as an Executor under the said Will. On 13th April, 1974 Anirudha Kr. Himatsingka died leaving behind his two daughters namely Anita and Jyotsana and the widow Usha Himatsingka. On 17th September, 1981 the said Usha Himatsingka published her last Will. The said Will was witnessed and attested by her daughter, Anita Fatehpuria and Shyama Poddar, Advocate.