In The Goods Of Bimal Kumar Ganguly (Dec) v. Na
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE
Present:
The Hon'ble Justice Sugato Majumdar PLA/32/2020
IN THE GOODS OF BIMAL KUMAR GANGULY (DEC)
For the Petitioner :
Mr. Udaynarayan Betal, Adv.
Mr. Mriganka Patra, Adv.
Hearing concluded on :
04/08/2025 Judgment on :
04/08/2025 Sugato Majumdar, J.:
Heard argument.
This is the last will and testament of late Bimal Kumar Ganguly, breathed his last on 10/12/2018. The last known abode of the Testator was BE-118, Salt Lake City, Sector-I, P.S.-Bidhannagar (North), Kolkata-700064. Prior to his death, the Testator executed his last will and testament dated 11/05/2015, appointing the present Petitioner being widow of one his pre-deceased Son, namely, Dr. Biswajit Ganguly as the executrix. The Testatrix was a Hindu.
Citations were issued but there was no caveat, for which, the probate proceeding became un-contentious.
Both the Executor and the attesting witness were examined. P.W. 2 the attesting witness stated that will was executed by the Testator in his presence and put
his signature as an attesting witness in the will in presence of the Testator. At the time of execution of the will, the Testator himself P.W. 2, the wife of the Testator, the other attesting witness and one Advocate were present. He further stated that other attesting witness expired earlier. The Testator was physically fit and mentally alert, commensurate to his age; he used to go to bank for banking purpose. Since the attesting witness was employed in the bank, he was acquainted with the Testator in that connection. The executrix produced the death certificate. Evidence of the attesting witness as well as the executrix established that the will was executed in terms of Section 63 of the Indian Succession Act, 1925 is proved. Let the probate be granted. Inventory and accounts shall be filed within six months from the date of issue of probate.
The instant probate application stands disposed of. (Sugato Majumdar, J.)