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2022 DAILYLAW 1749 (CAL)

IN THE GOODS OF SIMUL RANI BHATTACHARJEE DECED v. NA

PLA/454/2022 · 2026-05-15

Sugato Majumdar

body2022

Judgment text

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OD-46 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/454/2022 IN THE GOODS OF : SIMUL RANI BHATTACHARJEE, DECED BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 15th May, 2026. Appearance: Mr. Aritra Basu, Adv. Mr. Uttam Kumar Mandal, Adv. Ms. Maitree Roy, Adv. Ms. Udita Mandal, Adv. ...for the petitioner The Court:- This is an application for grant of probate of the last Will and Testament of the deceased Simul Rani Bhattacharjee. The deceased Simul Rani Bhattacharjee had last place of residence at Flat No. 5, Premises No. 237, Ashokegarh, Ward No. 2, Barahanagar Municipality, Kolkata-700108. She was a Hindu governed by Dayabhaga School of Hindu Law. He breathed her last on 5th May, 2019 at her place of residence. Prior to her death she executed her Will and Testament dated 23rd February, 2019 whereunder the petitioner was appointed as the Executor of the Will. Therefore, this application was filed with a certified copy of the Will annexed. Once the probate proceeding had been instituted, citations were issued. No caveat was lodged, as a result of which the proceeding became non- contentious cause. 2 One of the attesting witnesses deposed that the Testatrix executed the Will in presence of the attesting witnesses and they also put their signature in the Will in presence of the Testatrix. It was deposed that the Testatrix had nerve related ailments for which she could not sign but put left thumb impression, as a means of execution of the Will. On appreciation of the evidence this Court is of the opinion that due execution of the Will has been proved. Let probate be granted to the said last Will and Testament of the deceased dated 23rd February, 2019. Inventory and accounts shall be filed within six months from the date of grant of probate. The instant probate application stands disposed of. (SUGATO MAJUMDAR, J.) T.O. A.R.(C.R.)