ARIJIT BANERJEE, J. - (1.) ONE Subodh Gopal Bose, was the owner of substantial properties, both movable and immovable. He died on August 1, 1975 after having made and published his last Will and Testament dated July 8, 1975 leaving behind as his only legal heirs, his wife Kamala Bose and four daughters namely Durgarani Sen, Gita Dutta, Bharati Das and Krishna Sarkar, who are the beneficiaries under the said Will and Testament. Kamala Bose expired in 1977. Gita Dutta expired in June, 2012 and the present petition has been filed by Dipak Sarkar in his capacity as the executor of the Will and Testament dated 28th April, 2012 made and published by Gita Dutta. Application for grant of probate of the said Will of Gita Dutta is still pending.
(2.) BY his said Will, Subodh Gopal Bose (hereinafter referred to as 'Subodh ') appointed his nephew Ashok Kumar Bose and his grandson Aloke Kumar Sen (son of Durgarani Sen) as the joint executors and trustees of the said Will. Probate of the said Will was granted by this Court on July 21, 1976 in Probate Case No. 88 of 1976.
(3.) THE properties left behind by Subodh included diverse immovable properties situate in and outside Calcutta as mentioned in paragraph 9 of the petition. After grant of probate of Subodh 's Will, the joint executors started managing and administering Subodh 's estate. One of the joint executors, namely Ashok Kumar Bose, died on February 25, 1990 and the surviving executor Aloke Kumar Sen continued to manage and administer Subodh 's estate.;