1905 (7) TMI 3 - HC - Indian Laws

Calcutta HC Grants Estate Administration to Widow, Orders Inquiry into Pooja Expenses and Compensates Respondents.

Benode Behari Bose and Ors. Versus Nistarini Dassi and Ors.

The HC of Calcutta affirmed its jurisdiction in the estate administration case, setting aside fraudulent instruments and granting administration to the ... - Issues:1. Jurisdiction of the High Court of Calcutta2. Enquiry into pooja expenses as per the terms of the will3. Validity of the gift over contained in the will and the consequent gift to the widow of the interest of that part of the estateJurisdiction of the High Court of Calcutta:The case involved a suit brought by a purdanashin lady in the High Court of Calcutta for the administration of her husband's estate. The lady challenged certain instruments, alleging they were obtained through fraud. The High Court upheld the lady's claims, setting aside the impugned deeds and granting administration. The Court affirmed its jurisdiction to order administration of the estate and to set aside fraudulent deeds obtained by the executor, even if outside territorial limits. The Court considered the primary objective of the suit as estate administration, justifying its jurisdiction.Enquiry into Pooja Expenses:Regarding the pooja expenses mentioned in the will, the High Court held that the estate was liable for reasonable expenses incurred by the executors for poojas, rites, and ceremonies. The Court directed an inquiry to ascertain a suitable sum to be allowed to the executors for these expenses, considering the terms of the will and the circumstances of the estate. The Court acknowledged some criticisms and suggested improvements in the wording of the enquiry to ensure a fair assessment of the expenses.Validity of the Gift Over in the Will:The will directed the ultimate disposal of the estate's residue to the testator's heirs. The Court analyzed the meaning of the term 'heirs' in the context of the will. It concluded that whether interpreted as future heirs or the widow herself, the widow was entitled to the residue as a widow's estate. The Court found no practical significance in the interpretation of the term 'heirs' and affirmed the widow's entitlement to the fund directed to be accumulated. Consequently, the Court upheld the directions in the decree regarding the gift over in the will.Conclusion:The High Court of Calcutta affirmed its jurisdiction in the estate administration case and upheld the lady's claims against fraudulent instruments. It directed an inquiry into pooja expenses and clarified the widow's entitlement to the residue under the will. The judgment favored the respondents, and the Court ordered the appellants to pay the costs incurred by the lady who defended the appeal.