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2022 DAILYLAW 1835 (CAL)

IN THE GOODS OF BIJOY KUMAR HAZRA (DEC) v. NA

PLA/597/2022 · 2026-08-07

Sugato Majumdar

body2022

Judgment text

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OD-34 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/597/2022 IN THE GOODS OF : BIJOY KUMAR HAZRA (DECEASED) BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 7th August, 2026. APPEARANCE: S.E.Huda,Adv. Sk. Aptabuddin,Adv. Ms. Nabeela Akbar,Adv. Ms. Saima Amin,Adv. …for the Petitioner. The Court:- This is an application for grant of letter of administration of the last Will and Testament of the deceased Bijoy Kumar Hazra. The deceased Bijoy Kumar Hazra had his last place of residence at 1/3, Ashok Nagar, CMC Premises No. 34/3, Netaji Subhash Chandra Bose Road, Kolkata - 700040. He was a Hindu governed by Hindu Succession Act, 1956. He breathed her last on 19th July, 2002 at BGSG Hospital, Kolkata-700032. Prior to his death he executed his Will and Testament dated 27th February, 2001 whereunder he appointed Sri Narendra Nath Hazra, one of his sons as the Executor of his said Will and Testament. The Executor appointed under the Will had expired. Therefore, one of the beneficiaries being the other son applied for letter of administration. 2 Once the probate proceeding had been instituted, citations were issued on 15th July, 2025. No caveat was lodged, as a result of which the proceeding became non contentious cause. Both the attesting witnesses expired. The present Petitioner being one of the sons of the Testator deposed as attending witness who was present at the time of the execution of the Will. The witness, Tridibesh Hazra deposed that the Testator executed the Will in presence of the attesting witnesses. The witness was present at that time along with other family members of the Testator. The attesting witnesses put their respective signatures on the Will in presence of the Testator and the Testator also executed the Will in their presence. It was deposed that the Testator was physically fit and mentally alert. On appreciation of the evidence this Court is of the opinion that due execution of the Will has been proved. The instant probate application stands disposed of. Let the letter of administration be granted for administration of the estate of the deceased subject to furnishing a bond of Rs. 5,00,000/-. Inventory and accounts shall be filed within the statutory period. (SUGATO MAJUMDAR, J.) s.chandra AR(CR)