As the Respondent did number apply for grant of probate of the Will dated 01.03.2013 for two and half years, the Appellant applied for a probate of the Will.
Aggrieved thereby the Appellant has approached this Court.
Another Will executed by Smt.
The Will dated 01.03.2013 was registered with the Sub Registrar of Assurance at Calcutta on 25.05.2013.
Her minor daughters were made the beneficiaries.
The petition filed by the Appellant for grant of probate of the Will dated 01.03.2013 was dismissed by the District Judge, Alipore on 17.04.2017.
Thereafter, the Respondent filed P.L.A. No.123 of 2016 for grant of probate of the Will dated 22.04.2013 before the High Court at Calcutta.
Shrutika Doshi on 01.03.2013 by which she appointed her husband, the sole Respondent herein, as the executor and trustee.
A learned Single Judge of the High Court at Calcutta heard G.A. No.888 of 2017 in P.L.A. No.123 of 2016 for discharge of caveat.
The Respondent filed an application G.A. No.888 of 2017 in P.L.A. No.123 of 2016 for discharge of the Appellants caveat.
Shrutika Doshi on 22.04.2013 surfaced wherein the Respondent was appointed as the sole executor and in case he is unable to act as the sole executor his father would replace him.
It was mentioned in the Will that in case the Respondent is unable to carry out or act as the sole executor by giving effect to the Will and testament, the Appellant shall become the sole executor.
An appeal has been filed against the said order which is pending in the High Court at Calcutta.
The appeal filed against the said order dated 28.06.2017 was disposed of by a Division Bench of the High Court holding that there was numberreason to interfere with the order of the learned Single Judge, though the Appellant had a caveatable interest.
NAGESWARA RAO, J. Leave granted.
The Appellant filed a caveat on 15.06.2016 and on receipt of a numberice of the filing of the L.A. No.123 of 2016, the Appellant filed an affidavit in support of the caveat on 10.01.2017.
A Will was executed by Smt.
By an order dated 28.06.2017, the learned Single Judge allowed the application filed by the Respondent and discharged the caveat.
