Arijit Banerjee, J. - (1.) One Sisir Kumar Bhattacharya, since deceased, was the owner and resident of a flat situated in the north-east part of the first floor of a three storied building at 12A, Southern Avenue, Calcutta 700025. He passed away on 7 July, 2002 at S.S.K.M. Hospital, Calcutta. His wife had pre-deceased him. He left behind four sons and three married daughters. His sons are Subol, Somnath, Tarun and Goutam. His daughters are Amita, Gita and Namita.
(2.) On or about 9 January, 2008 Goutam filed PLA No. 6 of 2008 in this Court's Testamentary and Intestate Jurisdiction praying for probate of a document which he claimed to be the last Will and testament dated 12 May, 1997 executed by Sisir. The Will was written in Bengali language and registered with the District Sub-Registrar, South 24 Parganas, Alipore. Goutam is named as the executor in the said Will.
(3.) Gita, Namita, Somnath and Tarun had filed caveats and affidavits in support thereof. Accordingly, the probate proceeding became a contentious cause and was registered as TS 15 of 2009. Gita and Namita did not adduce evidence in support of their cases. Somnath and Tarun adduced evidence challenging the validity of the said Will.;