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2017 DAILYLAW 1040 (CAL)

PLA/115/2017

PLA/115/2017 · 2026-02-23

Sugato Majumdar

body2017

Judgment text

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OD-28 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/115/2017 IN THE GOODS OF: BISWARANJAN SENGUPTA,DECEASED BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 23rd February, 2026. Appearance: Mr. S. M. Obaidullah, Adv. Ms. Sudipa Biswas, Adv. …for the petitioner. The Court :- This is the last Will and Testament of deceased Biswaranjan Sengupta. Deceased Biswaranjan Sengupta had his last place of abode at 236, Parnashree Palli, Kolkata-700060. He was a Hindu governed by Daybhaga School of Hindu Law. The said Biswaranjan Sengupta, since deceased, expired on 3rd June, 2014. Prior to death, he executed one Will in Bengali language dated 21st February, 1997 appointing the sole beneficiary as the Executor of the Will who is the present petitioner. On death of the Testator herein, the instant application was filed by the Executor. Citations were issued. No caveat was lodged. Hence, the proceeding became non-contentious. One of the attesting witnesses deposed in this case. The Will is a holograph will written by the Testator in his own handwriting in Bengali language. The 2 attesting witness identified the handwriting of the Testator as well as his signature. He also deposed that the Will was written in his presence and also executed and signed in his presence. He further stated that at the time of execution of the Will, the Testator, his wife, the witness himself and the other attesting witness were present. The other attesting witness also deposed here and proved the due execution of the Will. The Executor produced the Death Certificate which was marked. On appreciation of unchallenged testimony of the witnesses and considering that the Will is a holograph one, this Court comes to the conclusion that the due execution of the Will has been proved and established and the petitioner is entitled to grant of probate of the last Will and Testament of the deceased dated 21st February, 1997. Let probate be granted. Accounts and inventory shall be filed within statutory period from the date of issue of probate. The instant application stands disposed of. (SUGATO MAJUMDAR, J.) KB AR(CR)