In The Goods Of Jagjit Kaur Chadha (Deced) v. Na

O-36

IN THE HIGH COURT AT CALCUTTA

Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/266/2019

IN THE GOODS OF : JAGJIT KAUR CHADHA (DECED)

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 1st December, 2025.

Appearance:

Mr. Anirban Kar, Adv.

Mr. M. A. Elahi, Adv.

Ms. Snigdha Das, Adv.

Mr. Rohit Mahato, Adv.

...for the petitioner.

The Court:- This is an application praying for grant of Probate of the last Will and testament of the deceased Jagjit Kaur Chadha dated 26th September, 2002.

The Testatrix, namely, Jagjit Kaur Chadha was Hindu governed by the provision of Hindu Succession Act who breathed her last on 29th August, 2018 at her residence being Premises No. Woods Street, Flat No. 3 (7th Floor), Govind Mohan, PS. Shakespeare Sarani, Kolkata-16. This was the last permanent place of abode of the deceased Testatrix.

Prior to her death, the Testatrix executed her Will and Testament on 26th September, 2002 which was registered by the Additional Registrar Assurances - III, Kolkata.

The husband of the Testatrix predeceased her. The present petitioner being the Executor is the son of the Testatrix.

One of the attesting witness deposed as P.W. 1. The attesting witness being P.W. 1 identified the signatures of the Testatrix in the Will; he further stated that Will was executed by the Testatrix in his presence as well as in presence of the other attesting witness. P.W 1 further stated that the Testatrix was physically fit and mentally alert at the time of execution of the Will. P.W. 2 is the son of the Testatrix who produced the death certificate. The husband of the Testatrix is the primary beneficiary. In case of death of the husband, the son would be the beneficiary. The husband of the Testatrix predeceased her as a result of which the son became the sole beneficiary in terms of the Will.

The execution of the Will under Section 63 of the Indian Succession Act is proved.

Let the Probate be granted.

The Department is directed to do the needful. The instant Probate Application stands disposed of. (SUGATO MAJUMDAR, J.) S.Seal