- (1.) Gobardhan Jayaswal (since deceased) (hereafter the testator) before his death on 23rd August, 1973 had executed a will in respect of certain immovable properties and bequeath the same in favour of his son, the opposite party. The testator was survived by his widow, the opposite party and a daughter.
(2.) The opposite party had applied for probate , which was granted by the learned District Delegate, Alipore on 28th July, 2006.
(3.) Long two years later, an application under Section 263 of the Indian Succession Act, 1925 for revocation of such probate was filed (on 26th August, 2008) by the petitioners. They happen to be the grand sons of the opposite party.;