OD-29 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE PLA/4/2021 IN THE GOODS OF: MADAN GOPAL DAS, DECEASED BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 25th September, 2025. Appearance: Mr. Munshi Ashiq Elahi, Adv. Ms. Snigdha Das, Adv. Mr. Rohit Mahato, Adv. …for the petitioner The Court:- The instant application is filed praying for Grant of Probate of the last Will and Testament of the deceased Madan Gopal Das. Madan Gopal Das, since deceased, had last place of abode at 9, Sagar Dhar Lane, Kalkota- 700006. He was a male Hindu governed by Dayabhaga School of Hindu Law. The said Madan Gopal Das breathed his last on 29.04.2015. Prior to his death, he executed his last will and testament dated 27th May, 2011. The will was executed before two attesting witnesses. The Testator left behind him his widow, one son and one daughter. The widow was appointed as the sole Executrix. The instant application was filed by Executrix. Citations were issued. Subsequently, on death of the sole Executrix, the daughter filed an application praying for conversion of the application for probate to one of letter of administration. The said prayer was allowed in 2 terms of the Order dated 18th April, 2023 by a Co-ordinate Bench. The son of the Testator appeared but did not lodge any caveat or contested the matter by filing affidavit in support of caveat. As a result, the probate proceeding became un-contentious. One of the attesting witnesses as well as the daughter of the Testator testified before this Court. PW-1 was the attesting witness who stated that at the time of execution of this will, the Testator was physically fit and mentally alert. From his deposition, it is further established that the attesting witness had received from the Testator a personal acknowledgement of the latter’s signature, which was in conformity with Section 63 of the Indian Succession Act. Due execution of the Will by the Testator is proved by the attesting witness who identified the signature of the Testator. Will was admitted in evidence and marked. Since the execution of the Will is duly proved in compliance with Section 63 of the Indian Succession Act, probate should be granted. Accordingly, letter of administration may be duly issued subject to furnishing security in the form of a bond of Rs.50,000/- to be furnished to the Registrar, Original Side. The Registrar, Original Side shall furnish a Report on the same on or before the returnable date, i.e. on 3rd November, 2025. (SUGATO MAJUMDAR, J.) D.Ghosh A.R.(C.R.)