objection in a Probate Suit - draft - references

 

District : South 24 Parganas

In the Court of the Learned District Delegate at Alipore, South 24 Parganas.

                                                Act 39 Probate Case no. 185 of 2020

                                               

In the Goods of :

Deceased Naredra Nath Baidya, Son of Late Jogendra Nath Baidya, of Birji Purba Para, Post Office – Garia, Police Station – Patuli, District – South 24 Parganas, Kolkata – 700084;

AND

In the matter of :

Sri Raghu Nath Baidya, Son of Late Narendra Nath Baidya, residing at Briji Purba Para, Post Office – Garia, Police Station – Patuli, Kolkata – 700084, District – South 24 Parganas,

                                      _______Applicant

AND

In the matter of :

Smt. Shipra Chowdhury, Wife of Debasis Chowdhury, residing at Progoti Pally, Post Office – Subhashgram, Police Station – Sonarpur, Kolkata - 700147, District – South 24 Parganas.

                                      _______Objector

Objection application

The humble petition of the above named Objector, most respectfully;

Sheweth as under :

 

1.   That your petitioner is in receipt of notice along with petition for grant of probate in respect of a will created by Narendra Nath Baidya. Your petitioner astonished on receipt of such notice as being directed by the Learned Court on an application made by the applicant Sri Raghu Nath Baidya. The copy of such purported will has not been served on your petitioner. Your petitioner do not have any iota of such will.

 

2.   That your petitioner made her appearance through her Learned Advocate in the present proceeding before the Learned Court by filling Vokalatnama, and placing this present application, which shows clearly in every established manner that your petitioner have objection in grant of Probate and or Letter of Administration in respect of a Will created by Narendra Nath Baidya, Son of Late Jogendra Nath Baidya, of Briji Purba Para, Post Office – Garia, Police Station Patuli, District : South 24 Parganas, Kolkata – 700084. Your petitioner would require to inspect such will to prepare her written statement.

 

3.   That your petitioner is a wife of the said deceased Narendra Nath Baidya, Son of Late Jogendra Nath Baidya, of Briji Purba Para, Post Office – Garia, Police Station Patuli, District : South 24 Parganas, Kolkata – 700084. Your petitioner is one of the co-sharer in the immovable property by way of inheritance on demise of the said Narendra Nath Baidya.

 

4.   That in the above facts and circumstances, your petitioner seeks to get an opportunity as to inspect the said Will of the deceased Narendra Nath Baidya, Son of Late Jogendra Nath Baidya, of Briji Purba Para, Post Office – Garia, Police Station Patuli, District : South 24 Parganas, Kolkata – 700084, being requirement to prepare her Written Statement to place in the present suit proceeding, in the interest of administration of justice.

 

5.   That unless the Learned Court grant such an opportunity to inspect the said Will of the deceased Narendra Nath Baidya, Son of Late Jogendra Nath Baidya, of Briji Purba Para, Post Office – Garia, Police Station Patuli, District : South 24 Parganas, Kolkata – 700084, being requirement to prepare her Written Statement to place in the present suit proceeding, your petitioner will highly prejudice and suffer with irreparable loss and injury.

 

6.   That your petitioner beg to states that the balance of convenience and inconveniences are in favour of your petitioner, and the applicant of the present suit proceeding will nor prejudice, in any manner, whatsoever.

 

7.   That this application is made bonafide and for the end of justice.

 

It is therefore, prayed that your Honour would graciously be pleased to allow this application and to admit the objection of your petitioner in the present suit proceeding and to grant an opportunity to inspect the said Will of the deceased Narendra Nath Baidya, Son of Late Jogendra Nath Baidya, of Briji Purba Para, Post Office – Garia, Police Station Patuli, District : South 24 Parganas, Kolkata – 700084, being requirement to prepare her Written Statement to place in the present suit proceeding, in the interest of administration of Justice;

 

And or to pass such other or further order or orders as your Honour may deem, fit and proper for the end of justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

Verification

I, being Objector to the present suit proceeding, made this application and duly verify as on 21^st day of January’ 2021, at Alipore Judges Court premises.

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

I, Smt. Shipra Chowdhury, Wife of Debasis Chowdhury, aged about 44 years, by faith Hindu, by Occupation Housewife, residing at Progoti Pally, Post Office – Subhashgram, Police Station – Sonarpur, Kolkata - 700147, District – South 24 Parganas, do hereby solemnly affirm and says as follows :

1.   That I am competent to swear this affidavit.

2.   That I have Objection in grant of Probate and or Letter of Administration in respect of the purported will of Narendra Nath Baidya, Son of Late Jogendra Baidya of Briji Purba Para, P.O. Garia, P.S. Patuli, District – South 24 Parganas, Kolkata – 700084, in favour of the present applicant Sri Raghu Nath Baidya.

3.   That the content of paragraph number 1, 2, & 3, are true to my knowledge and belief, and the rests are my humble submissions, before the Learned Court.

That the above statements are true to my knowledge and belief

 

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

Advocate

Date : 21^st day of January’ 2021.

Place : Alipore Judges’ Court.

 

N O T A R Y

                                               

 

 

 

 

VAKALATNAMA

 

District : South 24 Parganas

In the Court of the Learned District Delegate at Alipore, South 24 Parganas.

                                                Act 39 Probate Case no. 185 of 2020

Shri Raghu Nath Baidya

                                                                                                                                ___________Applicant.

 

-          Versus –

 

Smt. Shipra Chowdhury.                                                                   ____________Objector.

 

KNOW ALL MEN by these presents that I / We, Smt. Shipra Chowdhury, Wife of Debasis Chowdhury, residing at Progoti Pally, Post Office – Subhashgram, Police Station – Sonarpur, Kolkata - 700147, District – South 24 Parganas { OBJECTOR },

   do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY  to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.

In witness whereof this Vakalatnama has been executed by me / us.

 

This the …………………day of ………………2021