Soumen Sen, J. - (1.) The Court: The applicants claim to be the widow and sons respectively of the deceased son of late daughter of the testator, namely Lakshmi Balasinin Sen who dies in 1978. It is, in fact, the third generation of the daughter of the testator who had now come up to challenge the Will. The Will was executed on 5th July, 1933. The application for grant of probate was made on 10th February, 1936. The testator died on 18th September, 1935.
(2.) The basis of the application appears to be that although in the recital of the Will, the testator had described his family consisting of his wife, one minor son and four married daughters in the application for grant of probate it was stated that the deceased testator died living behind him only minor son. It is argued that the names of the four married daughters were not mentioned in the said application and the Court being misguided no citation was issued to be said married daughters.
(3.) Where a Hindu male died prior to the commencement of the Hindu Succession Act, 1956 the widow gets only a life interest in her husband's share by stepping into his shoes and the sons get right by the survivorship along with her in the entire property.;