Calcutta High Court
Arun Kumar Mukherjee (Mukhopadhyay) ... vs Unknown on 21 December, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
O-62
GA No. 3144 of 2015
PLA No. 289 of 2013
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
Original Side
In the goods of :
ARUN KUMAR MUKHERJEE (MUKHOPADHYAY) (DECEASED)
Appearance
Mr. S.K. Mal, Adv.
Mr. A. Roychowdhury, Adv.
Mr. N. Dasgupta, Adv.
Mr. D. Dey, Adv.
Mr. Sakya Sen, Adv.
Mr. U. Betal, Adv.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : December 21, 2016.
The Court : The two daughters of the alleged testator have applied for revocation of the probate granted in favour of an outsider pertaining to the Kalyani property of the alleged testator.
The grounds urged are that the consent affidavits shown to have been filed by the daughters of the alleged testator were not affirmed by such daughters nor did the daughters come to this Court for the affirmation of any affidavit in connection with the petition for grant of probate.
In matters of the present kind, it is possible to require the Will to be proved afresh, this time in solemn form without adjudicating on the unnecessary disputes as to whether any citation had been properly served or false affidavits had been filed to avoid citation. The consistent practice of this Court followed over decades also permits such a 2 course of action to be adopted as noticed in a recent judgment delivered on November 21, 2016 in PLA No. 59 of 2010 (In the goods of : Nand Bherumal Advani).
Accordingly, the daughters of the alleged testator should file an affidavit making out grounds to challenge the authenticity or validity of the alleged Will. Such affidavit be filed by January 5, 2017. The matter will appear at 2 pm on January 10, 2017 for the Will to be proved in solemn form. Witnesses on behalf of the parties should be in Court and it is more than likely that the evidence may be concluded on the same day itself.
Since documents have been disclosed by the parties, though not strictly confined to the matter pertaining to the validity and authenticity of the Will, an informal Judge's brief of documents will be prepared by the executor, confined to such documents as may have been disclosed by the parties pertaining to the validity and authenticity of the Will.
(SANJIB BANERJEE, J.) sg.