B.C. Chakrabarti, J. - (1.) This appeal is directed against an Order dated May 3, 1975 passed in Probate Case No. 81 of 1974 of the Court of the District Delegate at Alipore.
(2.) The proceedings were initiated by the respondent Harakumar in his capacity as Executor appointed under the will executed by one Amiya Bala Mitra. In the said proceedings the appellants Sudharani Mitra and others were permitted on their application to his objections against the prayer for grant of probate.
(3.) The appellants are the widow and sons and daughters of one Sudhir Kumar Mitra since deceased. Amiya Bala Mitra the executant of the alleged will, also claims to be a widow of the said Sudhir Kumar Mitra. The will executed by her relates to 1/7th share of the assets left by Sudhir Kumar Mitra. The objection filed by the appellants in substance is as follows : Amiya Bala was not the wife of Sudhir Kumar Mitra. She came in contact with Sudhir Mitra for some time but she had no issue by him. Claiming to be the widow of Sudhir Mitra she instituted a suit for partition being T.S. 38 of 1967 of the third Court of Subordinate Judge, at Alipore. The suit is being contested by the appellants on the ground that she was not a widow of Sudhir Kumar and consequently did not inherit any property left by Sudhir Kumar. The will set up by the propounder is not a genuine document but has been created with the ulterior object of grabbing some properties to which Amiya Bala had no right title or interest. Incidentally it may be recalled that the propounder is the son-in-law of Amiya Bala and his wife Kalyani is a legatee under the will.;