- (1.) This appeal is preferred against the judgment and decree dated August 29, 2000 and September 5, 2000 passed by the learned Additional District Judge, 1st Court at Bankura in Probate Suit No.2 of 1992/Letter of Administration Case No.2 of 1992. By virtue of the impugned judgment and decree, the learned Court below allowed the Letter of Administration Case on contest granting letter of Administration of Will to the estate of deceased Ashutosh Rana in favour of the petitioners/respondents.
(2.) The backdrop of the case in a nutshell is as follows: One Ashutosh Rana, since deceased, permanent resident of Dwaripota, P.S. Indus, District-Bankura executed a Will during his lifetime on January 25, 1961. The above Will was registered at Indus Sub-registry Office, District-Bankura on July 5, 1961. According to the petitioners/respondents, the above Will was the last Will of the aforesaid Ashutosh Rana, who breathed his last on June 18, 1970 leaving the properties described in an application filed by the petitioners/respondents for granting letter of administration of Will to the estate of the deceased Ashutosh Rana.
(3.) The aforesaid Ashutosh Rana, since deceased, expired leaving behind him the petitioners/respondents as his sons, widow Saralabala Dasi, since deceased, and the opposite parties/appellants as his daughters, namely, Parul Bala Dasya, Laksmirani Dasi and Mayarani Dasi. According to the petitioners/respondents, the aforesaid deceased Ashutosh Rana appointed Saralabala Dasi, since deceased, their mother as executrix of the above Will. The aforesaid Saralabala Dasi, executrix of the above Will, died in the year 1973 and consequent thereupon, the petitioners/respondents were legally entitled to get letters of administration of the Will to the estate of the deceased Ashutosh Rana in accordance with the provisions of the Indian Succession Act as also according to the terms and conditions envisaged in the above Will.;