ASHOK BHUSHAN, J. - (1.) This appeal has been filed against the Division Bench judgment dated 13.04.2017 of Calcutta High Court dismissing the appeal filed by the appellant against the judgment and order of learned Single Judge dated 24.08.2015 rejecting the application filed by the appellant for revocation of probate dated 04.06.1982 in relation to Will of one Surjan Singh Randhawa.
(2.) Brief facts necessary to be noticed for deciding this appeal are: One, Surjan Singh Randhawa had purchased immovable property which was subsequently numbered as 5/1A Belvedere Road, Kolkata along with his brother, Bachittar Singh Randhawa, in the names of their respective wives, Smt. Harnam Kaur Randhawa and Smt. Celia Mary Randhawa. Surjan Singh Randhawa had two daughters, namely, Smt. Gian Hanspal and Smt. Beena Kumari Mehra. On 15.06.1961, Surjan Singh Randhawa executed a Will bequeathing the above immovable property to his eldest daughter, Smt. Gian Hanspal. Surjan Singh Randhawa died on 28.11.1962. Registered gift deed dated 25.03.1964 was executed by Smt. Harnam Kaur Randhawa in favour of Smt. Gian Hanspal with regard to above property numbered as 5/1C Belvedere Road, Kolkata on 27.05.1982. Bachittar Singh Randhawa, brother of late Surjan Singh Randhawa filed a probate petition before the Calcutta High Court seeking grant of probate in relation to the Will dated 15.06.1961. Along with probate petition three no objection certificates were attached i.e. certificates of Smt. Gian Hanspal, Smt. Harnam Kaur Randhawa and Smt. Beena Kumari Mehra. Calcutta High Court vide its order dated 04.06.1982 allowed the application and granted probate in favour of Bachittar Singh Randhawa.
(3.) In April, 1984, Smt. Beena Kumari Mehra filed a suit against Smt. Gian Hanspal for partition of the property including the premises 5/1C Belvedere Road, Kolkata. In the suit Smt.Gian Hanspal was impleaded as defendant. In the suit Smt. Beena Kumari Mehra claimed that after the death of Smt. Harnam Kaur Randhawa, the mother of the plaintiff, she along with her sister, Smt. Gian Hanspal became entitled to share in the property. In the suit written statement was filed by Smt. Gian Hanspal opposing the claim of the plaintiff. It was pleaded in the written statement that Smt. Harnam Kaur Randhawa has gifted the premises 5/1C Belvedere Road, Kolkata by registered Gift Deed dated 25.03.1964, the suit was claimed to be barred by time. Smt. Gian Hanspal died during the pendency of the suit on 24.02.1988 and her heirs were impleaded.;