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2025 DAILYLAW 1409 (MEG)

SHEKHAR DAS v. NA

Test.Cas./1/2025 · 2025-12-08

H S Thangkhiew

body2025

Judgment text

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1 Serial No.01 Supp. List HIGH COURT OF MEGHALAYA AT SHILLONG Test. Case. No. 1. of 2025 Date of Decision: 08.12.2025 Shri. Shekhar Das, S/o Shri. Susen Das, R/o R & R Colony, Rynjah, East Khasi Hills District, Meghalaya. …Petitioner -Versus- N/ A …Respondent Coram: Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Mr. Philemon Nongbri, Adv. Mr. R.Pahsyntiew, Adv. For the Respondent(s) : - i) Whether approved for reporting in Yes/No Law journals etc: ii) Whether approved for publication Yes/No in press: 2025:MLHC:1191 2 JUDGMENT AND ORDER 1. WHEREAS, a petition was filed by Shri. Shekhar Das, for the grant of probate of the last Will and Testament dated 16th day of December, 2020 of the deceased, (L). Nehar Prabha. Deb, who passed away on the 26th day of February, 2021. 2. AND WHEREAS, the Court has examined the petition, the annexed Will, the Death Certificate, and all other relevant documents and evidence submitted by the petitioner. 3. AND WHEREAS, the executor of the Will, Shri Shekhar Das, has been examined on the 11th day of September, 2025 and has testified as to the genuineness of the will and no objections has been raised by any of the legal heirs or other interested parties within the stipulated time frame. 4. AND WHEREAS, the attesting witnesses, Smti. Bhagyashree Deb, has been examined on the 11th day of September, 2025 and has testified as to the genuineness of the will and no objections have been raised by any of the legal heirs or other interested parties within the stipulated time frame. 5. AND WHEREAS, the attesting witnesses, Smti. Tanushree Deb, has been examined on the 16th day of October, 2025 and has testified as to the genuineness of the will and no objections have been raised by any of the legal heirs or other interested parties within the stipulated time frame. 2025:MLHC:1191 3 6. AND WHEREAS, the Court is satisfied that the Will was duly executed by the deceased in a sound state of mind and that the petitioner is the rightful executor as named in the Will. THEREFORE, THE COURT HEREBY ORDERS THAT: The petition for probate is allowed. 1. The Will dated 16th day of December, 2020 of the deceased, (L) Nehar Prabha Deb is hereby probated. 2. The petitioner, Shri. Shekhar Das, is appointed as the Executor of the said Will. 3. The petitioner is hereby granted letters of administration with the copy of the Will annexed. 4. The Will dated the 16th day of December, 2020 of the deceased, (L) Nehar Prabha Deb, is hereby probated, and the Certificate of Grant of Probate of the Will be issued under Section 274(2) of the Indian Succession Act, 1925. 5. The petitioner is to pay the Court fees and any other applicable costs as determined by this Court. Judge 2025:MLHC:1191 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2025.12.09 11:29:31 IST