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Calcutta High CourtPLA/92/2019disposed

In The Goods Of Amar Kaur Thethi, Deceased v. Na

2025-11-11Hon'Ble Justice Sugato Majumdar2 pages

OD-38

IN THE HIGH COURT AT CALCUTTA

Testamentary & Intestate Jurisdiction ORIGINAL SIDE PLA/92/2019

IN THE GOODS OF AMAR KAUR THETHI,

DECEASED

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 11th November, 2025.

Appearance:

Mr. Supratik Syamal, Adv.

Ms. Minakshi Majumder, Adv.

Ms. Sharmistha Duary, Adv.

...for the petitioner.

The Court:- Heard argument.

This is an application praying for grant of probate of the last will and testament of the deceased Amar Kaur Thethi.

The deceased was a Hindu. She was expired on 6.7.1999. At the time of her death, she was a resident of 199, Diamond Harbour Road, Kolkata-700034. Prior to her death, she executed her last will and testament on 3rd December, 1996 at Calcutta. On her death, the petitioner being the Executor, applied for grant of probate of the said last will and testament of the Testatrix. Citations were issued. No caveat was lodged.

PW-1 was the Executor being the son of the Testatrix and PW-2 is the daughter of the Testatrix being one of the attesting witnesses. The attesting witnesses proved due execution of the Will of her mother identifying her signatures. Both the son and the daughter of the Testatrix being PW-1 and PW-2 deposed that the Will was executed in free mind and the

Testatrix was physically fit as well as mentally alert at the time of the execution of the Will.

Unchallenged testimony of the witnesses proved due execution of the Will in terms of Section 63 of the Indian Succession Act. Let probate be granted.

Inventory and accounts shall be filed within six months from the date of grant of probate.

The instant application stands disposed of.

(SUGATO MAJUMDAR, J.) D. Ghosh A.R.(C.R.)