REKHA DAS CHANDA W/O KANCHAN CHANDA Vs. REBA DEY BASUMATARY W/O DEBAL BASUMATARY
HIGH COURT OF GAUHATI
Rekha Das Chanda W/O Kanchan Chanda
Reba Dey Basumatary W/O Debal Basumatary
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Kalyan Rai Surana, J. -
(1.) Heard Mr. B.U. Laskar, the learned counsel for the appellant as well as Mr. J. Payeng, the learned counsel for the respondent.
(2.) This appeal under Section 299 of the Succession Act, 1925 is directed against the impugned judgment and order dated 27.05.2009, passed by the learned District Judge, Hailakandi in Misc. (Probate) Case No. 41/2007, thereby allowing the probate of the Will of Late Abala Bala Dey.
(3.) The respondent was the petitioner in the said probate case. As per the said petition, the testatrix, was a Hindu and that her husband had predeceased her, having died on 15.09.1998. At the time of her death, the testatrix had left behind two daughters, who are the litigating parties in this appeal. It was stated in the probate petition that the land measuring 7 katha 12 chattak out of land measuring 11 katha 12 chattak was bequeathed to the respondent, who is the propounder of the Will, i.e. the beneficiary as well as the executor of the will. The said probate petition was filed on 11.04.2007. The appellant contested the case by filing a written statement. It was stated that the petition was barred by limitation and that the will was a forged and void document and it was denied that the will was executed by her mother.;
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