IN THE GOODS OF - SMT. LAKSHMI SARKAR (CHAKRABORTY) (DEC.) v. NA
PLA/156/2019 · 2026-09-25
Sugato Majumdar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43937 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43937 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD-37
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE
PLA/156/2019
IN THE GOODS OF :
SMT. LAKSHMI SARKAR (CHAKRABORTY) (DEC.)
BEFORE:
The Hon’ble JUSTICE SUGATO MAJUMDAR Date: 25th September, 2026. Appearance: Mr. Soumik Das, Adv. Mr. Debraj Sahoo, Adv. Mr. Sounak Banerjee, Adv. …for the plaintiff
The Court:- This is an application for grant of probate of the last Will and Testament of the deceased Smt. Lakshmi Sarkar (Chakraborty) wife of Amitava Charkaborty. The deceased Smt. Lakshmi Sarkar (Chakraborty) had last place of residence at 2054 A, Bechrudas Mills Block, Nr. Victoria Garden, Raikhad, Amdavad, Gujarat- 390001. She was a Hindu governed by Dayabhaga School of Hindu Law. He breathed her last on 17th October, 2015. Prior to her death, she executed her last Will and Testament dated 7th August, 2015 in Bengali language. The petitioner is the Executor appointed therein and the present application is filed for grant of probate of the same. On death of the Testatrix, the instant application was filed praying for grant of probate. Citations had been issued but no caveat was filed, as a result of which the application became non-contentious cause.
2
Two attesting witnesses appeared before the Court and deposed. This Court after examination of the attesting witnesses and at the time of argument called them once again to take specimen signatures. Both of them appeared and gave specimen signatures before this Court. Both the signatures were marked and exhibited. The Court is satisfied prima facie that there is no discrepancy in signatures of the attesting witnesses. The attesting witnesses deposed that the Will was executed by the Testatrix in their presence and they signed the Will also in presence of the Testatrix. It is further in evidence that the Testatrix was physically fit and mentally alert at the time of execution of the Will. Death Certificate was marked as Exhibit-B and the Will was marked as Exhibit-A. On appreciation of unchallenged testimonies, this Court is satisfied that due execution of the Will has been proved. Let the probate be granted. Inventory and accounts shall be filed within the statutory period. The instant application, namely, PLA/156/2019 stands disposed of.
(SUGATO MAJUMDAR, J.)
T.Ojha A.R.(C.R.)