By said Will, she appointed one Harendra Nath Das, Manager of the estate to be the Executor, and stated that after her death one Menoka Rani Dasi, her brothers wife and Harendra Nath Das would get equal shares in the property.
Schedule to the Will companyprised of three parts.
This decision was challenged by Harendra Nath Das and Menoka Rani Dassi by filing Appeal No.
Appeal No.371 of 1975 was thereafter filed by Harendra Nath Das against the aforesaid judgment dated 19 th September, 1975.
Shyama Sundari Dassi .
On 27th February, 1984 Single Judge of the High Court dismissed Testamentary Suit No.8 of 1976 in which the grant of Probate of the Will dated 12th October, 1973 of Shyama Sundari Dassi was sought.
101 of 1967 in Calcutta High Court.
Shyama Sundari Dassi and the buildings companystructed on the homestead land measuring about 3 Bighas.
Finis 25th Aswin, 1380 B.S. companyresponding to English Calendar 12th October, 1973.
Since a caveat was filed by Pasupati Nath Das and the matter was companytested, it was numbered as Testamentary Suit No.8 of 1976.
157A, Dharamtolla Street in the town of Calcutta including the tenancy right and together the business styled as the Indo British Motor Industries situated in the said premises and the interest in the said business.
Shyama Sundari Dassi.
All that two storied premises No.10/1/3 Jagannath Sarkar Lane, Kidderpore in the district of 24 Parganas, on part whereof the same is erected.
All that brick built two storied messuage land and premises being No.55/2 Turff Road at Bhowanipore in the district of 24 Parganas purchased by me in the benami name of my wife Smt.
In Testamentary Suit No.8 of 1976, following issues were framed by Single Judge of the High Court Was the Will dated October 12, 1973 duly executed and attested?
The heirs of deceased Harendra Nath Das were brought on record.
iii a Did the testatrix Shyama Sundari Dassi have testamentary capacity to execute Will?
The list of properties mentioned in Schedules Ka, Kha and Ga to the Will dated 12th October, 1973 were as under List of Properties included in Schedule Ka My undivided share in the properties mentioned 1 st, 2nd, 3rd and 4th clauses of schedule Ka.
All that land and premises at 565 Diamond Harbour Road, Behalf in the district of 24 Parganas which property was purchased by me in the benami name of my wife Smt.
Nandlal Das died on 1st December, 1964 leaving behind his widow and two sons.
Raiyat Sthiban value Rs.600/ .
The application for grant of Probate of the Will of Nandlal Das, being a companytentious cause was numbered as Testamentary Suit No.
On 7th March, 1966 Kanailal Das died childless, leaving behind his widow Smt.
Further, an application for grant of Probate of the Will dated 12th October, 1973 executed by Shyama Sundari Dassi was filed by Harendra Nath Das and Menoka Rani Dassi.
On 22 nd September, 1975 Shyama Sundari Dassi died.
Did the testatrix suffer from Senile Dementia at the time of execution of the Will?
Indu Bhaban, Jasidih, Santhal parganas, Bihar.
It was stated therein that she did number want her estate to go into the hands of her younger son, the appellant that while her husband was alive he had cancelled and nullified the Will dated 12 th April, 1963 being displeased with the behavior of said son and his family that the estate left behind by her husband devolved equally on her and two sons that she had received large sum of cash and ornaments from her sister and brother in law and that the properties mentioned in the Schedule to the said Will were her properties.
All that brick built messuage land and premises being No.1/3, Asha Babu Lane, Kidderpore in the district of 24 Parganas together with the land etc.
One Plot of land at Tarapith in Rampurhat in the district of Birbhum purchased by me in my own name.
On 14th October, 1982, the Division Bench of the High Court dismissed Appeal No.371 of 1975 and companyfirmed the judgment and decree dated 19th September, 1975 passed in Testamentary Suit No.
Purnima Rani Dassi.
The garden house at Behala known as Nafar Kanan and the trees, rank and companystruction on it, Holding No.11 Nafar Das Road Behala.
13A, Ashu Babu Lane, Kidderpore, Calcutta, District 24 Parganas Fallow land and the incomplete companystruction thereon.
Said Parts I, II and III of the Schedule to the Will were as under Part I Garden house and land at Behalf known as Nafar Kanan being Holding No.19, Nafar Chandra Das Road, Behalf in the district of 24 Parganas together with Tank trees, structures etc.
Thus, properties mentioned in Parts I II were to be Trust properties while properties mentioned in Part III were to be devised in accordance with the Will.
60 of 1984.
1013, Jagannath Sarkar Lane, Kidderpore, Calcutta 23, District 24 Parganas Three storied masonry house and the land thereunder.
Part III All that garden house and premises at Jasidih in the district of Santhal Paraganas in Bihar purchased by me in the benami name of my wife Smt.
Since there was numbercross appeal, only two issues namely iiia and iv were required to be companysidered by the Division Bench.
Shyama Sundari Dassi thereafter executed a registered Will on 12th October, 1973.
Issues i , ii and iiib were found in favour of the propounders of the Will while issues iiia and iv were answered against said propounders.
62 paises, Sthitiban value Rs.300/ .
Mouza same, Khatian No.64, present Khatian 87, Dag No.7 the area of the land 20 decimals, proportionate jama.
74 double crop yielding land 115 decimals, Total Rs.2.09 paises.
60 of 1984 before the Division Bench of the High Court.
It was alleged that by subsequent Deed of Revocation dated 15th October, 1963 the aforesaid Will had stood revoked.
After going through the entirety of the matter the Division Bench accepted the appeal.
iv Was the Will executed under undue influence exercised by Harendra Nath Das?
25 Paises Sthitiban value Rs.200/ .
Interlocutory Application Nos.5 and 8 seeking to bring the heirs of the deceased Pasupati Nath Das on record are allowed.
In Witness whereof I have hereunto set my hand this 12th day of April one thousand nine hundred and sixty three.
8300 danga 04 decimals Total 9 decimals only proportionate jama.
A joint caveat was filed by Shyama Sundari Dassi and Purnima Rani Dassi.
In the district of Birbhum under the police Station, Chowki and sub Registry Rampurhat within the limits of Mouza Chandipur, J.L.No.62, Touzi No.477, Khatian No.130, present Khatian No.322, Dag No.748, House 07 decimals and the pucca house etc.
6 of 1971.
The signature on each page and the signature of all companyrections are also indicative of the fact that she knew the companytents of the Will.
ii Is the Will dated October 12, 1973 genuine?
Dag No.8 homestead .5 decimals Dag No.
To what relief, if any, the propounder is entitled?
Introduction of the properties in Schedule Kha District Birbhum, Police Station, Chowki and Sub Registry Rampurhat, Mouza Kamdebpur, J.L.No.61 Touzi No.15, Khatian No.81, Dag No.9 within the said dag a plot of land measuring 34 decimals proportionate Jama Rs.2.19 Paises Sthitiban Venue Rs.100/ .
During the pendency of this appeal, both Pasupati Nath Das and Harendra Nath Das expired.
The said Indu Bhaban is the property purchased with my own money.
6 of 1971, Shyama Sundari Dassi and Harendra Nath Das gave evidence.
By order dated 19th September, 1975 Single Judge of the High Court granted Probate of the will dated 12 th April, 1963 of Nandlal Das in favour of Pasupati Nath Das.
Tenancy right in premises No.157A, Dharamtolla Street, together with pucca structures companyrugated Tin sheds companystructed by me at my own and companyts upon the greater part of the said land.
On 3 rd June, 1967 the other son Pasupati Nath Das, the present appellant, as Executor named in the Will dated 12th April, 1963 applied for grant of Probate of said Will by filing Probate Case No.
In Testamentary Suit No.
Properties mentioned in Part I and Part II of the Schedule were given to the family deity Sri Jugal Kishore Jew known as Sri Shyamaji at Tarapith temple of which deity the Testator was the shebait.
One Nandlal Das, husband of Shyama Sundari Dassi and father of two Signature Not Verified sons Kanailal Das and Pasupati Nath Das executed a Will on 12 th April, 1963 Digitally signed by ANITA MALHOTRA Date 2018.09.25 155238 IST Reason in respect of properties owned and possessed by him.
Mouza Kamdebpur, Khatian No.60, present No.86.
6 of 1971.
The Will was read over and explained to her and she had signed in the presence of the attesting witnesses, which have since been so found by the learned Single Judge Directing that Probate as prayed for be granted, the appeal was allowed by judgment and order dated 4th February, 2005, which decision is presently under appeal.
District as aforesaid included in Mouza Kadebpur, L.No.61, Khatian No.16, present No.5, Danga .94 decimals, dag No.
Part II Several Plots of land at Tarapith in Rampurhat in the district of Birbhum including agricultural land measuring about 2 Bighas and homestead land purchased by me in the benami name of my wife Smt.
Uday Umesh Lalit, J. This appeal challenges the companyrectness of the judgment and order dated 4th February, 2005 passed by the Division Bench of the High Court at Calcutta in Original Side Appeal No.
