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2022 DAILYLAW 1655 (CAL)

IN THE GOODS OF GAURANGA MAJUMDAR (DEC) v. NA

PLA/536/2022 · 2026-01-28

Sugato Majumdar

body2022

Judgment text

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OD-37 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/536/2022 IN THE GOODS OF: GAURANGA MAJUMDAR (DEC) BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 28th January, 2026. Appearance: Mr. Diptomoy Talukder, Adv. Mr. T. Talukder, Adv. Mr. D. Ghosh, Adv. ...for the petitioner The Court:- This is an application for grant of Probate of the last Will and Testament of the deceased, namely, Gauranga Majumdar. The deceased Gauranga Majumdar was a resident of Bose Garden, R.N. Tagore Road (East Station Road), P.O:- Agarpara, Kolkata-700109, P.S. Kharda under the Dist:- North 24 Parganas. Deceased was a Hindu having last place and abode at Bose Garden, R.N. Tagore Road (East Station Road), P.O:- Agarpara, Kolkata-700109, P.S. Kharda under the Dist:- North 24 Parganas. The deceased breathed his last on 27th October, 2016 in his last place of residence. Prior to death, the deceased executed the last Will and Testament on 16.02.2009 which was registered in the Office of ADSR, Cossipore, Dum Dum, North 24 Parganas. Under the Will the present Petitioner being one of the sons was appointed as the Executor. 2 The instant petition was filed praying for grant of Probate by the Executor. General and Special citations were issued by way of publications; no caveat was lodged, as a result of which the proceeding became non-contentious cause. One of the attesting witnesses deposed in this case who identified the signature of the Testator. According to the oral testimony, the Testator was physically fit and mentally alert at the time of execution of the Will. Will was executed and attested in presence of the said attesting witness and in presence of the Testator respectively. Will was admitted and marked along with death certificate. The unchallenged testimony of witnesses established that Will was executed in terms of Section 63 of the Indian Succession Act, 1925. 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