IN THE GOODS OFJOGESH CHANDRA ROY (DEC) -AND- v. PRADIP ROY ALIAS PRADIP KUMAR ROY -VS- BIDYUT KUMAR ROY
TS/29/2025 · 2026-07-17
Sugato Majumdar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3166 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3166 (CAL) · dailylaw.ai ]
Judgment text
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OD 33 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE TS/29/2025 IA NO: GA/2/2025
IN THE GOODS OF :
JOGESH CHANDRA ROY (DEC) - AND- PRADIP ROY ALIAS PRADIP KUMAR ROY -VS- BIDYUT KUMAR ROY
BEFORE:
The Hon’ble JUSTICE SUGATO MAJUMDAR Date:17th July, 2026
APEPARANCE: Mr. Sarosij Dasgupta,Adv. Mr. Avijit Dey,Adv. Ms. Debasree Dhamali,Adv. Ms. Riya Ghosh,Adv. …for the petitioner
The Court:- This is an application for grant of Probate of the last Will and Testament of the deceased, namely Jogesh Chandra Roy. The Testator, namely Jogesh Chandra Roy had last place of abode at 50/B, Raja S.C. Mallick Road, P.O.-Jadavpur University, Police Station- Jadavpur, Kolkata – 700032. He breathed his last on 11th July, 2001. He was a Hindu governed by the Dayabhaga School of Hindu Law. Prior to his death, he executed his last Will and Testament dated 30th March, 2000 appointing the present Petitioner as the Executor of the Will. On death of the Testator, the instant petition was filed by the Executor praying for grant of Probate.
2
Citations had been issued by way of publications but no caveat was lodged, as a result of which the proceeding became a non-contentious cause. The Will is a registered one. One of the attesting witnesses deposed in this case who identified the signatures of the Testator. It was deposed also that the Testator executed the Will in presence of the attesting witnesses who, in turn, put their respective signatures on the Will in presence of the Testator. As found from the evidence, the Testator was physically fit and mentally alert at the time of the Will. The death certificate was produced and marked. On appreciation of the evidence, this Court is of the opinion that due execution of the Will in accordance with Section 63 of the Indian Succession Act, 1925 has been proved. Let the Probate be granted to the said Last Will and Testament of the deceased dated 30th March, 2000. Inventory and accounts shall be filed within the statutory period from the date of issue of Probate. The instant probate application stands disposed of. The application, being GA No. 2 of 2025 stands also disposed of.
(SUGATO MAJUMDAR, J.)
s.chandra A.R.(C.R.)