In The Goods Of Prasenjit Das Sarkar (Dec.) v. Na

OD- 49 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/252/2021

IN THE GOODS OF:

PRASENJIT DAS SARKAR, (DEC.)

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: 16th January, 2025.

Appearance:

Mr. Surya Maity, Adv.

...for the petitioner.

The Court : Mr. Surya Maity, learned Advocate, is appearing for the petitioner.

The petitioner has filed the present application for grant of Letters of Administration to the estate of deceased Prasenjit Das Sarkar. Petitioner is the wife of the deceased Prasenjit Das Sarkar. Counsel for the petitioner submits that there is no issue out of the wedlock between the petitioner and her husband. Special and general citations were also issued. Publication was also made. No person has come forward to raise any objection for grant of Letters of Administration to the petitioner.

The counsel for the petitioner submits that after issuance of citations and publication of the notice, the Department has provided no caveat certificate on 8th January, 2025 stating that no caveat has been entered against the grant of Letters of Administration. Heard learned counsel for the petitioner.

This Court finds that the husband of the petitioner died on 3rd January, 2019 and in the wedlock between the petitioner and her husband, there is no issue and in spite of the issuance of citations and publication of notice, none appears to raise any objection for grant of Letters of Administration.

Accordingly, the petitioner is entitled to get the Letters of Administration as prayed for.

In view of the above, the Department is directed to issue the Letters of Administration to the petitioner on furnishing of Rs.35 lacs with two sureties subject to compliance of all formalities. Accordingly, PLA/252/2021 is disposed of.

(KRISHNA RAO, J.) KB AR(CR)