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2025 DAILYLAW 58487 (CAL)

PLA/312/2016

PLA/312/2016 · 2025-05-02

Sugato Majumdar

body2025

Judgment text

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OD 27 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE PLA/312/2016 IN THE GOODS OF: SIMA BHOWMIK, DECEASED BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date 2nd May, 2025. APPEARANCE: Mr. B.K.Sen,Adv. …for the petitioner The Court:- Heard argument today. This is an application for grant of Probate of the last Will and Testament dated 26.9.2011 of the deceased, Sima Bhowmik. The testatrix, Sima Bhowmik was a Hindu having last place of abode at 784, Lake Town, Block “A”, P.O. & P.S. – Lake Town, Kolkata – 700 089, District 24 Parganas (North). She expired on 24.5.2013 as a spinster. Prior to her death, she executed her last Will and Testament on 26th September, 2011. It was registered in the Office of Additional Registrar of Assurances – III, Kolkata and recorded in Book No. III, CD Volume No. 2, pages from 1080 to 1087, being No. 181 of 2011. Beneficiaries of the Will are her niece and the second sister. The instant applilcation is filed by one of the Executors of the Will. Citations were sent. None came forward to oppose the probate proceeding. The 2 probate proceeding remained uncontentious. The present applicant, being one of the Executors examined himself and one of the attesting witnesses, Smt. Papri Sengupta also came to depose in this case. Death certificate is produced and exhibited. The attesting witness testified that the testatrix executed the Will in her presence as well as in presence of the other attesting witness. She had testamentary capacity and physically fit as well as mentally alert. The disposition is not natural but rather to the close relatives of the testatrix. Evidence and surrounding circumstances associated with execution of the Will does not cast any shadow of doubt of suspicious circumstance. From the evidence of the attesting witness, due execution of the Will is proved in compliance with Section 63 of the Indian Succession Act. Let Probate be granted. Accounts and inventory shall be filed within six months. The instant application stands disposed of. (SUGATO MAJUMDAR, J.) s.Chandra