- (1.) The questions the court has been asked to answer on the summons involve the construction of the will dated June 21, 1916, made by one Sambhunath Roy who in his life-time was a Hindu governed by the Dayabliaga and died on or about June 25, 1916.
(2.) The questions are as follows: (a) On a true construction of the will of the testator, who, on the death of Sreemati Annabati Dassi, are entitled to the testator's estate, viz., (i) 55 equal parts or shares in the testator's portion of the family dwelling house; and (ii) 35 equal parts or shares in the rest and residue? (b) What are the rights (if any) of the parties named in paras. 18(a) to (e) of the affidavit of Gagan Chand Roy affirmed on December 12, 1949? (c) What is the true line of succession to the estate of the deceased? (d) What is the period of distribution? (e) To whom is the income of the estate to be paid at present and in future and from when?
(3.) The testator left a son Rakhaldas Roy, his wife Annabati Dassi and their son Tarakdas and other relations. The relationship of the parties appears from the pedigree set out below:;