Date: 14th August, 2025.
Appearance:
Ms. Sanjukta Ray, Adv.
For applicant/petitioner
The Court : As per the averment in the application for grant of probate of
the Will dated 23rd April, 2023 said to have been left behind by Monjuli Chaudhuri as
her last will and testament the properties bequeathed under the said Will are self-
acquired properties of the testatrix.
The testatrix died issueless and her husband pre-deceased her. According
to the statements made in the said application for grant of probate, the only heiress is
the daughter of the brother-in-law of the testatrix. In case of female, the devolution is
governed by provisions of Sections 15 and 16 of the Hindu Succession Act, 1956. On a
conjoint reading of these two sections, it will appear that the assets and properties
inherited by the female from her husband will devolve unto the heirs of her husband.
The heirs of the husband are decided in accordance with the provisions of Section 8 of
the Hindu Succession Act, 1956 and the schedule appended thereto. In case of male
Hindu, the properties firstly devolve unto Class I heirs and then unto Class II heirs.
The Class II heirs under the schedule is classified by serial numbers. The serial No. VI
comprises of the brothers and sisters of the deceased.