Extracted from the PDF above. The PDF is authoritative.
OD-10 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/443/2025 IN THE GOODS OF:
SUSHILA LATH DECEASED BEFORE:
The Hon'ble JUSTICE PARTHA SARATHI CHATTERJEE Date : 8th October, 2026 Appearance: Ms. Iram Hassan, Adv. Ms. Yukti Agarwal, Adv. …for the petitioner The Court: This application has been presented praying for grant of probate in respect of the last Will and Testament of the testatrix, namely, Sushila Lath (since deceased). Ms. Hassan, learned Advocate appearing for the petitioner, submits that the petitioner, being one of the legal heirs and the executor named in the Will, has come forward to propound the same. She further submits that the other legal heirs have, by filing affidavits, expressed their consent to the grant of probate in respect of the said Will. She, accordingly, prays for the grant of probate. Heard learned Advocate appearing for the petitioner and perused the materials on record, including the copy of the Will and the death certificate. The petitioner has averred that the document in question is the last Will and Testament of the testator and has disclosed the date of its execution. The petitioner has
2 further stated that the testator had a fixed place of abode within the territorial jurisdiction of this Court. The affidavit of assets specifies the value of the property likely to come to the hands of the petitioner upon the grant of probate. The attesting witness has, in his affidavit, specifically deposed that he had seen the testator affix his signature to the Will and that the testator had, in turn, seen the witness affix his signature thereto. The petitioner has, therefore, complied with the requisite formalities prescribed under Section 276 of the Indian Succession Act, 1925, and duly proved the execution and attestation of the Will. Accordingly, there appears to be no impediment to the grant of probate. In view thereof, the application is allowed. Let probate be granted of the last will and testament of of the testatrix, namely, Sushila Lath (since deceased) upon payment of ad valorem Court fees, if not already paid. PLA/443/2025 is thus disposed of.
(PARTHA SARATHI CHATTERJEE, J.) S.Bag