Calcutta High Court
Sasanka Sekhar Dutta (Deceased) vs Unknown on 19 July, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD 70
GA 3569 of 2013
WITH
PLA 367 of 2004
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY & INTESTATE JURISDICTION
IN THE GOODS OF : SASANKA SEKHAR DUTTA (DECEASED)
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 19th July, 2016.
Mr. S. Ghosh,Advocate appears.
Mr. S. Ghoshal,Advocate appears.
The Court : - The present applicant is the widow of the alleged testator who claims that her signature was forged on the letter or affidavit of consent filed by the propounder to obtain probate of the alleged Will. It is the alternative case of the applicant that a blank signed paper may have been misused by the son-in-law for the purpose of falsely showing the applicant's consent.
The alleged testator, if he had died intestate, would have had the widow, son Somen and grandson Pinaki through predeceased daughter Chandana as his heirs. The Will was sought to be propounded by Chandana's husband and one of the attesting witnesses was such husband's father. 2
The applicant claims that the applicant came to know of the alleged Will or the Probate thereof upon the tenants at a Barabazar property complaining of the rent being demanded by some other. It appears that the Barabazar property may have been sold by the alleged legatees pursuant to the grant of probate.
For the moment, the applicant will serve copies of the petition on both son Somen and on the purchaser of the Barabazar property with the intimation that the matter will appear three weeks. The purchaser will remain restrained from disposing of the property or creating any third party rights in respect thereof without the previous leave of Court.
Advocate for the alleged executor will immediately furnish all particulars of the purchaser of the Barabazar property to Advocate for the applicant.
Urgent website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) S.Chandra