IN THE GOODS OF : VERNA MEERA MUKERJI & ELA ROMOLA v. MUKERJI (DEC)
PLA/117/2017 · 2026-07-20
Sugato Majumdar
body2017
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[ 2017 DAILYLAW 1062 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 1062 (CAL) · dailylaw.ai ]
Judgment text
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OD-39
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE
PLA/117/2017 IN THE GOODS OF: VERNA MEERA MUKERJI & ELA ROMOLA VS MUKERJI (DEC)
BEFORE:
The Hon’ble JUSTICE SUGATO MAJUMDAR Date: 20th July, 2026 Appearance: Mr. Anuruddha Sen, Adv. ..for the Petitioner
Mr. Sourjya Roy, Adv. Mr. Samriddha Sen, Adv. Mr. Aniruddha Saha Ray, Adv.
The Court:- This is an application for grant of probate of the last Will and Testament of the two deceased, namely, Miss Verna Meera Mukerji and Miss. Ela Romola Mukerji, both were Christian governed by the Indian Succession Act, 1925. They breathed their last on 9th July, 2011 and 8th February, 2012. They were the resident of Ganesh Chandra Avenue, Flat No.10, 4th Floor, Kolkata - 700013. Prior to their death, they executed a mutual will on 14th January, 2005, duly registered and recorded in the Sub-Registrar Office, Lucknow, 3 (Three), Kaisar Bagh, Lucknow on January 20, 2005. The Petitioner herein is a religious society represented through the administrative head, since appointed as Executor-cum- beneficiary of the said mutual will.
2
Citations were issued. No caveat was lodged, as a result of which the instant application became a non-contentious cause. The attesting witnesses were examined on commission at Noida. One of the attesting witnesses examined himself, who in the course of evidence, stated that when both the Testatrixes executed the will, they were physically fit and mentally alert. The attesting witnesses attested the will in presence of the Testatrixes. Signatures of the Testatrixes as well as the attesting witnesses and one Advocate were identified.
The Death Certificates of the Testatrixes were produced and marked. That both the Testatrix expired are evidenced by two death certificates. In terms of the will, on death of both the Testatrix, since it is a mutual will, property would devolve on the beneficiary named therein, being the religious society.
Unchallenged testimony of the attesting witness proved due execution of the will in terms of the Section 63 of the Indian Succession Act, 1925.
Let probate be granted. Inventory and accounts shall be filed within the statutory period from the date of issue of the probate. The instant probate application stands disposed of.
(SUGATO MAJUMDAR, J.)
D.Ghosh AR(CR)