In The Goods Of-Ramlubhaya Arora (Dec.) v. Na

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE

Present:

The Hon'ble Justice Sugato Majumdar PLA/116/2020

IN THE GOODS OF:

RAMLUBHAYA ARORA (DECEASED) For the Petitioner :

Mr. Deepnath Roy Chowdhury, Adv.

Mr. Dibesh Dwivedi, Adv.

Mr. Bhaskar Dwivedi, Adv.

Mr. Dwip Raj Basu, Adv.

Hearing concluded on :

11/08/2025 Judgment on :

11/08/2025 Sugato Majumdar, J.:

This is an application for grant of Probate of the last Will and Testament of late Ramlubhaya Arora who breathed his last on the 31st of December, 2018.

The late Ramlubhaya Arora was a Hindu governed by Mitakshara School of Hindu Law and had his permanent place of residence at 13/E, Dhirendra Ghosh Road, P.S.- Kalighat, Kolkata - 700025, West Bengal. Prior to death, the said Ramlubhaya Arora, since deceased, executed his last Will and Testament dated 1st June, 2018 in the English language.

The present Petitioner was made executrix of the last Will and Testament. General and special citations were issued. No caveat had been lodged as the report of the Assistant Registrar shows. Therefore, the proceeding became uncontentious.

The attesting witness as well as the executrix examined themselves before this Court.

The original death certificate was adduced in evidence along with the original Will. The attesting witness, namely P.W. 1 was an employee under the testator who was acquainted with his signature. He identified his signature as well as the signatures of the testator in the Will. The attesting witness further submitted that all the attesting witnesses put their signatures in presence of the testator witnessing the execution of the Will in their presence. The testator was physically fit and mentally alert at the time of execution of the Will. There is no unnatural bequeath under the Will. It is proved from the testimony of the witnesses that the Will was executed in accordance with the provisions of Section 63 of the Indian Succession Act.

Let Probate be granted in the last Will and Testament of the deceased Ramlubhaya Arora dated 1st June, 2008.

Inventory and accounts shall be submitted within six months from the date of grant of Probate.

The instant application stands disposed of.

(Sugato Majumdar, J.) s.chandra