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Calcutta High CourtPLA/46/2024disposed

In The Goods Of Rampada Mondal Deceased v. Na

2025-12-04Hon'Ble Justice Arindam Mukherjee2 pages

ORDER SHEET OD-33 PLA/46/2024

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

RAMPADA MONDAL, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 4th December, 2025 Appearance:

Ms. Dipika Banu, Adv.

Mr. Subhadip Chakraborty, Adv.

Ms. Bolivia Roy, Adv.

For the petitioner.

The Court :- This is an application for grant of probate of the last Will and Testament dated 16th January, 2010 left behind by the above named deceased.

One of the heiress in intestacy being the younger daughter of the deceased was a minor at the time of the death of testator. However, the said minor has attained majority during the interregnum and have given a no objection to the grant in favour of the executrix. The elder daughter who is the executrix after marriage profess mohammedan faith. This is not an embargo in granting the probate since her marriage took place as per the statement made in the petition after the death of the testator (father) when the succession of the testator opened up. The Will has been proved in common form by the affidavit of the attesting witness.

Considering the view of the department upon complete scrutiny, the application for grant of probate is allowed by granting order in terms of prayer (a) of the petition.

The petition for grant of probate stands disposed of, accordingly. (ARINDAM MUKHERJEE, J.) snn