IN THE GOODS OF DEBI PRASAD CHAKRABARTI (DEC) v. N
PLA/252/2024 · 2026-08-17
Om Narayan Rai
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2576 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2576 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD-18
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE
PLA/252/2024
IN THE GOODS OF:
DEBI PRASAD CHAKRABARTI (DEC.)
BEFORE:
The Hon’ble JUSTICE OM NARAYAN RAI Date: August 17, 2026.
Appearance: Mr. Jayanta Kumar Dhar, Adv. …for the petitioner
The Court: This is an application for grant of probate of the last Will and Testament dated July 19, 2016 left behind by the above named deceased. It is a holographic Will. The mother of the decreased has pre-deceased him. The legal heirs of the deceased have been described in paragraph 4 of the application. The wife of the testator was alive at the time when the application for probate was filed, however she died during the pendency of the probate application. Accordingly, upon an order passed by this Court, the probate application has been amended, by deleting her name from the list of the legal heirs provided in paragraph 4 of the application. One of the daughters of the deceased also pre-deceased him. Accordingly, the son and daughter of the pre-deceased daughter have been described at serial Nos. 3 and 4 in paragraph 4 of the application.
2 Out of the four legal heirs, one is the executor and the other three have consented to the grant by affirming affidavits of consent. The Will has been proved in common form by both the attesting witnesses. Having regard to the above and since, this file has been placed before this Court by the Registrar Insolvency for grant, upon complete scrutiny by the department, therefore, considering the view of the department, this application for grant of probate is allowed, by passing orders in terms of prayer (a) of the application. PLA/252/2024 stands allowed.
(OM NARAYAN RAI, J.)
Sbghosh