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2024 DAILYLAW 2650 (CAL)

IN THE GOODS OF - BIRENDRA KUMAR MAJUMDER (DEC.) v. NA

PLA/397/2024 · 2026-09-08

Om Narayan Rai

body2024

Judgment text

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O-26 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/397/2024 IN THE GOODS OF BIRENDRA KUMAR MAJUMDER, DECEASED BEFORE: The Hon'ble JUSTICE OM NARAYAN RAI Date : 8th September, 2026 Appearance: Mr. Santanu Kumar Mitra, Adv. Mr. Amartya Pal, Adv. …for the petitioner. The Court:- This is an application for grant of Letters of Administration with the Will annexed in respect of the estate left behind by the above-named deceased. The application has been filed for grant Letters of Administration since the executor appointed by the testator has died. The parents of the testator pre- deceased him. His wife also passed away on October 18, 2023. The testator is survived by three legal heirs. The testator had two daughters; one of whom passed away on May 11, 2021, the other is survived by a daughter and her husband i.e. the son-in-law of the testator. The grand-daughter of the testator is the petitioner in the present application. Her father i.e. the son-in-law of the testator has consented to the grant by filing the affidavit of consent. 2 The only other remaining heir of the testator being his second daughter has not filed any affidavit of consent but has also not come forward to oppose the grant. No caveat certificate has been issued by the Department indicating that no caveat has been entered against the grant of probate despite issuance of citation. The Will has been proved in common form by one of the attesting witnesses. Having regard to the above and since the 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 Letters of Administration is allowed by passing orders in terms of prayer (a) of the petition, subject to furnishing a personal bond of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand) with one surety. Accordingly, PLA/397/2024 stands disposed of. (OM NARAYAN RAI, J.) S.Seal