OD-41 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/47/2022 IN THE GOODS OF: BASANTI RANI SARKAR, DEC BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 28th September, 2026. Appearance: Mr. Subhabrata Basu, Adv. ...for the petitioner. The Court:- This is an application for grant of Probate of the last Will and Testament of the deceased, namely, Basanti Rani Sarkar. The Testatarix, namely, Basanti Rani Sarkar was a Hindu governed by the Dayabhaga School of Law, died on 07.07.2021 at 6, Sahapur Main Road, Police Station- Behala, Post Office- Sahapur, Kolkata- 700038. Prior to her death, she executed her last will and testament dated 27th June, 2016 appointing the present petitioner as the Executor. The Will bears left thumb impression of the Testatarix. On death of the Testatrix, the instant petition was filed by the Executor praying for grant of Probate. 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. 2 The attesting witnesses and the executor examined themselves as witnesses. The attesting witness, Krishna Sarkar deposed that the Testatrix could not read and write apparently and gave left thumb impression. It was also stated by the witnesses that the Testatrix was physically fit and mentally alert at the time of execution of the Will. Signatures were put on the Will in presence of the attesting witnesses. The Will is a registered one with photographs of the Testatrix. The Left Thumb Impression of the Testatrix was marked as Exhibit. The Death Certificate was produced and marked. On appreciation of unchallenged testimony of the witness, due execution of the will in terms of Section 63 of the Indian Succession Act, 1925, has been established, warranting grant of probate. Let Probate be granted. Inventory and accounts shall be filed within statutory period from the date of issuing of probate. The instant application stands disposed of. (SUGATO MAJUMDAR, J.) S.Seal