I.P. Mukerji, J. - (1.) I have had the privilege of going through the draft judgment proposed to be delivered by my sister, Justice Amrita Sinha in this appeal. I am in full agreement with the conclusions reached by her ladyship. Nevertheless, I would like to add a few words.
(2.) A Will is the intention of a testator concerning his property to be carried into effect after his death. It is a declaration made formally and intended to have legal effect. Under Section 222 of the Indian Succession Act, 1925 probate shall be granted to the executor appointed by the Will. Under Section 232 letters of administration may be granted when the testator has executed a Will but has not appointed an executor. Under Section 211 of the said Act, 1925 the executor or administrator is the legal representative of the deceased person. Under Section 213 no right as executor or legatee can be established in any Court of justice unless the Court has granted probate of the Will under which the right is claimed or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed. Under Section 227 the probate of a Will when granted establishes the Will from the death of the testator or testatrix.
(3.) In our case Pulak Chowdhury, (he died on 23rd April, 2007 during the pendency of this appeal) son of Late Baikuntha Nath Sen made an application for grant of letters of administration in respect of the properties bequeathed to him covered by the Will of his mother, Kanarani Sen, executed on 8th March, 1977. An application for letters of administration but not probate had to be made because the Will did not appoint an executor. Obviously the issues framed in the application for the grant related to the due execution of the Will.;