SHEKHAR B.SARAF, J - (1.) This T.S. No. 41 of 2016 arises from P.L.A. No. 84 of 2009. P.L.A. No. 84 of 2009 has been registered at the instance of Smt. Alpana Patra, seeking grant of probate of the will executed by deceased Miss Dipali Niyogi on 10th June 1987.
(2.) An earlier application for grant of probate, being P.L.A. No. 2 of 2008, had been rejected by the Court. In relation to P.L.A. No. 2 of 2008, the Court had first directed the Deputy Registrar, on 30th April 2008, to conduct an inquiry as to whether there were any heirs of Bani Niyogi, the testatrix's sister who had died on 3rd October 2005, since in the absence of a will, Bani Niyogi and her heirs would have rightfully inherited Dipali Niyogi's property. It was alleged in the probate application that Dipali Niyogi was a spinster and her only heir was Bani Niyogi, her sister. Bani Niyogi passed away on 3rd October 2005 and she had no heirs since she too died a spinster. Thus, it was claimed in the application that a general citation was published in the newspapers since there were no surviving heirs of Dipali Niyogi. However, the Court found that it would be unable to proceed unless it was confirmed that there were no surviving heirs of Dipali Niyogi. On 7th May 2008, P.L.A. No. 2 of 2008 was dismissed as the executrix was unable to find out who the heirs of Bani Niyogi were. However, the order did not bar fresh application for probate being filed in the future. Costs of 500 GMs were imposed, which was reduced to 100 GMs on appeal.
(3.) Another application, being P.L.A. No. 84 of 2009, was filed for grant of probate by the executrix. On 27th August 2015, the Court directed the issuance of a general citation and the same was issued by the Testamentary Department on 15th April 2016. The affidavit-of-service, showing that the citation was published in the Sunday editions of 'The Statesman' and the Bengali daily 'Bartaman', was filed and the Department was directed to proceed with the grant of probate.;