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2026 DAILYLAW 48795 (CAL)

IN THE GOODS OF MEERA NATH, DECEASED v. NA

PLA/202/2025 · 2026-10-08

Partha Sarathi Chatterjee

body2026

Judgment text

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OD-5 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/202/2025 IN THE GOODS OF: MEERA NATH, DECEASED BEFORE: The Hon’ble JUSTICE PARTHA SARATHI CHATTERJEE Date: 8th October, 2026. Appearance: Ms. Arunima Lala, Adv. Mr. Dibanath Dey, Adv. …for the petitioner. The Court :- This is an application for grant of probate of the last Will and Testament of the testatrix, namely, Meera Nath (since deceased), executed on 30th November, 2019. She submits that the Will was registered on 11th December, 2019. She further submits that the testatrix died leaving behind no legal heirs. She submits that the citation was completed in terms of the order dated 4th September, 2025, passed by a Co-ordinate Bench of this Court. She further submits that the attesting witness, by filing an affidavit, has proved the execution and attestation of the Will. She, therefore, prays for grant of probate. This application has been presented for grant of probate in respect of the last Will and Testament dated 30th November, 2019. In the application, it has been specifically mentioned that the document is the last Will and Testament of the testatrix. The date of death has been mentioned, and it has also been stated that, at the time of her death, the testatrix had a permanent place of abode within the territorial jurisdiction of this Court. The affidavits filed by the attesting witnesses specifically aver that the testatrix had seen the witnesses sign the Will 2 and, similarly, the witnesses had also seen the testatrix put her signature on the Will. The petitioner has, therefore, complied with the formalities prescribed under Section 276 of the Indian Succession Act, 1925. The petitioner has proved that the Will was duly executed and attested. Therefore, there appears to be no impediment to the grant of probate. In view thereof, the application is allowed. Let probate be granted upon payment of ad valorem Court fees, if not already paid. PLA/202/2025 is thus disposed of. (PARTHA SARATHI CHATTERJEE, J.) SK