ANIL KUMAR MITRA Vs. SUNIL KUMAR MITRA

JUDGEMENT

(1.) This first appeal is at the instance of a caveator in the proceedings for grant of probate and is directed against the judgment and decree dated March 16, 2000 passed by the learned Judge, Special Court (E.C.Act)-cum-Additional District Judge, Burdwan in O. S. Will Case No.4 of 1991 thereby granting probate in favour of respondents.

(2.) The respondents herein filed an application for grant of probate of the alleged last Will executed by one Chandi Prasanna Mitra, the father of the respondent No.1 and the husband of the respondent No.2.

(3.) The said Chandi Prasanna Mitra died leaving widow, seven sons and five daughters of which three were married. By the Will, the .estator excluded the eldest son and three married daughters from the legacy. In the Will the testator stated that the conduct of his eldest son, the appellant herein, towards him was not befitting that of a son and he was living separately elsewhere in the town of Burdwan. According to the terms of the Will, after the death of the testator, his widow would get all movable and immovable properties and should enjoy and possess those for whole life even with the right to transfer any part thereof according to her wishes and after her death, whatever would remain, would devolve upon his six sons excluding the eldest one and also upon the two unmarried daughters if they remained unmarried. The respondent No.l was directed to bear the marriage-expenses of the two unmarried daughters from the estate left by the testator and for that purpose he was also authorised to procure money by selling any part of the property. It was further provided that share of each of the unmarried daughters on her marriage should devolve upon the six sons, mentioned above and their successors and the other unmarried daughter, if any, in equal share.