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2022 DAILYLAW 1647 (CAL)

IN THE GOODS OF SITANSU SEKHAR DAS (DEC) v. NA

PLA/588/2022 · 2026-01-09

Sugato Majumdar

body2022

Judgment text

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OD-33 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/588/2022 IN THE GOODS OF: SITANSU SEKHAR DAS (DEC) BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 9th January, 2026. Appearance: Ms. Arunima Lala, Adv. Mr. Diptomoy Talukder, Adv. Ms. Triptimoy Talukder, Adv. Mr. Abhiraj Tarafdar, Adv. Mr. Nayan Rakshit, Adv. Mr. Abir Bhattacharya, Adv. ..for the petitioner The Court:- This is an application praying for Letters of Administration of the last Will and Testament of the deceased, namely, Sitansu Sekhar Das. The deceased had permanent residence at BC 19A, Sector-1 Salt Lake City, Kolkata-700064. He breathed his last at Bromstadekra, Norway. Prior to death on 25.09.2020 the deceased executed his last Will and Testament on 20th February, 2015 at Kolkata appointing his wife as the Executrix. A Power of Attorney was executed by the Executrix in favour of the Petitioner which was duly authenticated by the Embassy of India in Norway. On the strength of the Power of Attorney the instant application was filed. 2 The deceased was Hindu at the time of death. The deceased being the Testator left behind his wife being the Executrix and three daughters. All the three daughters filed their respective consent affidavit. Citations were issued. No caveat was lodged as a result of which the proceeding became non-contentious. P.W.1 was the Attesting Witness who identified the Will and deposed that the will was executed by the Testator in her presence. She further testified that she put her signature as Attesting Witness in presence of the Testator who was physically fit and mentally alert at the time of execution. The Executrix being P.W.3 deposed in this case and produced the Death Certificate. Unchallenged testimony of the witnesses proved due execution of the Will by the Testator in terms of Section 63 of the Indian Succession Act. Let the Letters of Administration be granted in terms of prayer (a) of the petition. Inventory shall be filed within six months and accounts shall be filed within one year from the date of issuance of the Letters of Administration. Let PLA/588/2022 stand disposed of. (SUGATO MAJUMDAR, J.) S.Seal