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Calcutta High CourtPLA/231/2024disposed

In The Goods Of Prathama Sen, Deceased v. Na

2025-07-31Hon'Ble Justice Arindam Mukherjee1 pages

ORDER SHEET OD-65 PLA/231/2024

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

PRATHAMA SEN, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 31st July, 2025 Appearance:

Ms. Shreya Goenka, Adv.

For the petitioner.

The Court :- One of the heirs-in-intestacy of the testatrix being her husband had given consent to the grant of probate before he passed away on 23rd July, 2025. Since the consent so given remained unchanged till the death of the husband and that on his death-in-intestacy, the properties and assets being part of the estate left behind by the testatrix which would have devolved unto the husband in the absence of the Will would again devolve on the two sons of the testatrix, one of whom is the applicant and the other having also granted consent, there will be no change in the line of succession and as such there is no embargo in granting the probate to this Will. The Will has been proved in common form by the affidavit of the attesting witness. The probate is granted by allowing the application in terms of prayer (a).

The probate application stands disposed of.

(ARINDAM MUKHERJEE, J.) snn