In The Goods Of vs Pusparani Chowdhury(Deceased)

Debangsu Basak, J

The Court : By this application, the applicant seeks revocation of a probate granted on February 5, 2009 in respect of a Will of late Gosai Das Mandal

in PLA 361 of 2007.

Learned advocate appearing for the applicant submits that, the applicant is the widow of the pre-deceased son of the testator. As such, the applicant is

a class 1 heir of the testator. No citation of the Will was issued to the testator. Probate of the purported Will of the testator having been obtained

without a citation being issued to the applicant, it should be cancelled. He refers to the contents of the Will and submits that, the Will claims that the

testator did not have any heirs. At least, the applicant is not named in the Will as an heir of the testator.

Learned advocate appearing for the respondent submits that, the applicant affirmed an affidavit before the Learned Magistrate making a false

statements.

The issue in the present application is whether the applicant is the heir of the testator in the manner as claimed or not. There is no denial by the

respondent as to the claim made by the applicant. The applicant is therefore a class 1 heir of the testator. The applicant as a class 1 heir was entitled

to notice of citation of the Will of the deceased when application for grant of probate was made. Admittedly, no citation was issued to the applicant.

Therefore, the probate granted in respect of the Will of the testator cannot be sustained.

This Court need not concern itself as to whether or not the applicant made any false statement before any magistrate. Such statement assuming it to

be false does derogate the right of the applicant on an heir of the deceased to receive the citation of the probate proceeding. There will be an order in

terms of prayer (a) of the Master’s Summons dated March 12, 2019. The probate granted is recalled. The applicant is at liberty to seek other

reliefs as contained in the Master’s Summons at an appropriate stage.

Old GA 749 of 2019, new GA 2 of 2019 in PLA 361 of 2007 is disposed of accordingly without any order as to costs.