SUSAMA BALA DEVI AND OTHERS Vs. ANATH NATH TARAFDAR AND OTHERS
LAWS(CAL)-1976-6-33
HIGH COURT OF CALCUTTA
Decided on June 25,1976

Susama Bala Devi And Others Appellant
VERSUS
Anath Nath Tarafdar And Others Respondents





Cited Judgements :-

CHITARANJAN NAROTTAMDAS NEGANDHI VS. HEMKALA [LAWS(BOM)-2016-6-131] [REFERRED TO]
BHUPENDRA BHAI SAMJUBHAI VS. DIWALIBEN [LAWS(GJH)-2013-6-249] [REFERRED TO]
C S DEVAKUMAR VS. K S KRISHNAKUMAR [LAWS(MAD)-2010-11-150] [REFERRED TO]


JUDGEMENT

Sharma, J. - (1.)SAMBHUNATH Tarafdar and his mother Sushamabala Devi applied for probate in respect of a will left by Nisi Kanta Tarafdar father of the first applicant and husband of the second. The grant of probate prayed for was opposed by Anathnath Tarafdar and Bhabanath Tarafdar, the first two of the three sons of Nisi Kanta Tarafdar and Sushamabala Devi, and this conflict gave rise to Original Suit No. 14 of 1961, in the Additional Court of District Judge, hence this appeal.
(2.)STATED in short plaintiff -appellants case reveals that Nishi Kanta Tarafdar on his death on August 8. 1945, left behind a number of properties which have been set out in 28 lots in the schedule of properties attached to the petition filed by the plaintiff -appellants. He also left behind him his a forenamed wife and three sons besides four daughters: Jayantibala Devi, wife of Bagalaprassanna Roy Choudhury, Prativasundari Devi, wife of Dr. Pragnath Banerjee, Banalata Devi and Shohalata Devi (the last two being unmarried at the time of his death). The appellants' case is that sometime before his death Nisi Kanta Tarafdar had been ailing from various illnesses. Apprehending that his end was coming he made in his own hand writing a draft will of his own which he got approved by a lawyer.
Later on, after incorporating some changes in the terms of the draft, he executed his last will and testament. Under the will he made provisions for the marriage of his unmarried daughters and also charged some immovable properties with the expenses of their marriage; but in case the properties were not required to be sold for defraying the expenses of their marriage, those properties were to go under the will to his youngest son Sambhunath Tarafdar who was staying at home and had no ostensible means of livelihood. Under the will nothing was left for other sons, the defendant -respondents, except the testator's goodwill, because they were well settled in life. Nothing was also left to the two married daughters. The rest of the property was left to his widow Sushamabala Devi. Though the will was executed on November 12, 1944, and its existence was all along known, application for probate was filed only on March 11, 1961, that is, after fifteen years from the date of demise of the testator.

(3.)THE suit was contested by the two elder sons on the ground inter alia that at the time of death Nisi Kanta Tarafdar had no mental and physical capacity to make the will and the alleged will was a forged one and the same was executed under undue influence and the same was not properly executed or legally attested. It was also contended that various circumstances surrounding the execution of the will and long disregard for it including the delay of fifteen years in applying for probate, were highly suspicious and so the plaintiffs were not entitled to a grant of probate prayed for.
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