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2021 DAILYLAW 559 (CAL)

IN THE GOODS OF CHINMOY KUMAR MAITI (DEC) v. NA

PLA/89/2021 · 2026-06-12

Sugato Majumdar

body2021

Judgment text

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O-33 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/89/2021 IN THE GOODS OF: CHINMOY KUMAR MAITI (DEC) BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 12th June, 2026. Appearance: Mr. Ranajit Kumar Roy, Adv. Mr. Arijit Pradhan, Adv. ...for the petitioner The Court:- This is an application for grant of Probate of the last Will and Testament of the deceased, namely, Chinmoy Kumar Maity. The Testator, namely, Chinmoy Kumar Maity had last place of abode at Village- Balyagobindapur & P.O.- Balyagobindapur, P.S. Paaspur, District- Purba Medinipur, Pin- 721440. He breathed his last on 06.08.2013. Prior to his death, he executed his last will and testament dated 21.05.1986 appointing the present petitioner as the Executor. The Will bears left thumb impression as well as signatures of the Testator. On death of the Testator, the instant petition was filed by the Executor praying for grant of Probate. Citations had been issued by way of publications but no caveat was lodged, as a result of which the proceeding became a non-contentious cause. 2 The Attesting Witness and the Executor examined themselves as witnesses. The Attesting Witness identified the signature of the Testator. It was also stated by the witness that the Testator was physically fit and mentally alert at the time of execution of the Will. Signatures were put on the Will in presence of the attesting witness. The Death Certificate was produced and marked. On appreciation of unchallenged testimony of the witness due execution of the will in terms of Section 63 of the Indian Succession Act, 1925, has been established, warranting grant of probate. Let Probate be granted. Inventory and accounts shall be filed within statutory period from the date of issuing of probate. The instant application stands disposed of. (SUGATO MAJUMDAR, J.) S.Seal