OD- 10 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/111/2010 IN THE GOODS OF: PASHUPATI NATH BANERJEE (DECEASED) BEFORE: The Hon’ble JUSTICE BISWAROOP CHOWDHURY Date: 20th August, 2025. Appearance: Mr. Sarosij Dasgupta, Adv. Mr. Syamantak Banerjee, Adv. Mr. S. Dutt, Adv. Mr. Subhra Das, Adv. … for the petitioner The Court: Learned Advocate for the petitioner is present. This is an application for grant of probate of the last will and testament dated 21st February, 1997 of the deceased Pashupati Nath Banerjee, who died on 17th March, 2009. Pursuant to the death of the testator, this application for grant of probate is filed. As the sons and daughters of the deceased did not give any written consent to the grant of probate and did not appear pursuant to the issuance of special citation, this case has come under the heading of non- contentious cause. 2 It is the contention of the petitioner that the deceased during his lifetime has made and published the last Will and testament dated 21st February, 1997. The said Will was registered with the Registrar of Assurances, Kolkata – 700 001, dated 21st February, 1997. The deceased at the time of his death was married to one Jharna Banerjee. The said Jharna Banerjee died on 29th March, 2009, leaving behind Mr. Swaraj Kumar Banerjee, Mrs. Rachana Chatterjee and Ms. Ananya Banerjee. As the heirs of the testator did not appear pursuant to the issuance of citation, the matter was directed to appear under the heading `non-contentious cause’. The attesting witness Dr. Jayanta Basu has filed an affidavit stating that he was present at the time when the testator made his last Will and the signature appearing at the foot of the Will as Pashupati Nath Banerjee is the proper handwriting of the said deceased. It is further contended that in the presence of Dr. Jayanta Basu, Mrs. Subhra Das, Advocate, High Court Calcutta, the Will was executed and Mrs. Subhra Das and Mr. Manik Chand Malakar, Advocate also affixed their signatures on the Will as attesting witnesses. Upon hearing the learned Advocates and upon perusing the deposition of Dr. Jayanta Basu, who was one of the attesting witnesses, it appears that the testator had capacity under Section 59 of the Indian Succession Act, 1925 to execute the Will. The Will is also executed in accordance with the Section 63 of the Indian Succession Act and one of the attesting witnesses has filed an 3 affidavit as to the execution of the Will, as is required under Section 68 of the Evidence Act. Thus, in the facts and circumstances, the probate of the Will of Pashupati Nath Banerjee, since deceased, should be granted. Hence, the probate of the last Will and testament dated 21st February, 1997 of the deceased Pashupati Nath Banerjee be granted to the petitioner namely, Ms. Swapna Dutta. Let the probate be issued upon compliance of all necessary formalities. (BISWAROOP CHOWDHURY, J.) JM