In The Goods Of : Smt. Mrudula Sanghvi (Deced) v.
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE
Present:
The Hon'ble Justice Sugato Majumdar PLA/177/2018
IN THE GOODS OF : SMT. MRUDULA SANGHVI (DECED)
For the Petitioner :
Mr. Udaynarayan Betal, Adv.
Hearing concluded on :
30/07/2025 Judgment on :
30/07/2025 Sugato Majumdar, J.:
This is an application for grant of probate of the last will and testament dated 3rd May, 2017 of the Testatrix Mrudula Sanghvi. Mrudula Sanghvi, since deceased, wife of late Mahendra Sanghvi, breathed her last on 16/06/2017 at her residence at A-8, 4th Floor, Bhagyakul Mansion, 22, O.C. Ganguly Sarani, Kolkata-700020. At the time of death, she was Hindu, governed by the Mitakshara School of Hindu Law. Prior to her death, she executed her last will and testament dated 3rd May, 2017, appointing her nephews Dr. Hitesh Sanghvi and Sri Divyesh Sanghvi as the Executors. Citations were issued. No caveat was lodged. The probate proceeding became uncontentious.
The attesting witness and the executor were examined.
P a g e | 2 The attesting witness identified the signatures of the Testatrix in the will. The signature of the attesting witness was also identified by him. He deposed that the Testatrix put her signature in the last page whereas he put his initials to authenticate the will at the bottom of each page. The will was drafted by him. He deposed to that extent. He further stated that the Testatrix was physical fit and mentally alert and in good health at the time of execution of the will; she was not bed ridden. Her husband pre-deceased her and she had neither any son nor any daughter. He further stated that prior to the execution, the contents of the will was discussed with him by the Testatrix and accordingly he prepared the will. He further deposed that there was no pressure from any corner for execution of the will. The attesting witness thus proved execution of the will in terms of Section 63 of the Indian Succession Act, 1925.
The Executor also deposed as a witness. Death certificate was adduced in evidence and marked.
The witnesses deposed that this was the last will and testament. On appreciation of evidence, due execution of the last will and testament dated 3rd May, 2017 is proved. Let probate be granted. Statement of inventory and accounts shall be filed within six months from the date of issue of the probate.
The instant probate application stands disposed of. (Sugato Majumdar, J.)