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Calcutta High CourtPLA/219/2019disposed

In The Goods Of - Birendranath Maitra (Dec.) v. Na

2024-01-02Hon'Ble Justice Krishna Rao1 pages

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE IA NO. GA/1/2025 In PLA/219/2019

IN THE GOODS OF:

BIRENDRANATH MAITRA (DEC.)

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: 22th December, 2025.

Appearance:

Ms. Mini Agarwal, Adv.

...for the applicant

1. By an order dated 2nd January, 2024, this Court passed an order granting probate to the petitioner of the last Will and Testament dated 11th September, 1979 of the testator, Birendranath Maitra. The petitioner has relied upon the death certificate of the testator, wherein the name of the testator is recorded as Birendranath Moikhya instead of Birendranath Maitra. Due to which the department is not granting probate to the petitioner.

2. Considering the submissions made by the counsel for the petitioner and perused the Will and the death certificate.

3. Let the name of the deceased testator shall be read as Birendranath Maitra instead of Birendranath Moikhya.

4. Accordingly, GA/1/2025 is disposed of.

(KRISHNA RAO, J.) S.De