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Calcutta High CourtPLA/125/2025disposed

In The Goods Of Dipti Prasad Chowdhury And Tapan Prasad Chowdhury, Deceased v. Na

2025-09-18Hon'Ble Justice Arindam Mukherjee2 pages

ORDER SHEET OD-24 PLA/125/2025

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

DIPTI PRASAD CHOWDHURY AND TPAN PRASAD CHOWDHURY, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 18th September, 2025 Appearance:

Mr. A.P. Agarwalla, Adv.

For the petitioner.

The Court :- This application for grant of probate is in respect of a joint Will dated 12th August, 2017 left behind by Dipti Prasad Chowdhury, Tapan Prasad Chowdhury wherein Swapna Chowdhury is also a testatrix. Dipti Prasad Chowdhury and Tapan Prasad Chowdhury have respectively died on 15th August, 2019 and 25th January, 2023. Swapna Chowdhury is still alive. It is the case of Swapna Chowdhury that she has gifted her share in the assets and properties being the subject matter of the joint Will and as such the bequeath made by Swapna Chowdhury under the said Will has become inoperative. Swapna Chowdhury has filed an affidavit affirmed on 16th September, 2025 to this effect in Court which is taken on record. Since the Will in respect of Dipti Prasad Chowdhury and Tapan Prasad Chowdhury have been proved in common form by an affidavit of the attesting witness and the heirs/heiresses in intestacy of the two above-named deceased have consented

to the grant, the probate is, accordingly, granted in terms of prayer (a) of the petition after considering the view of the department on a complete scrutiny of the documents.

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