Calcutta High CourtPLA/328/2019disposed

In The Goods Of Kamal Bhandari Alias Kamal Krishna Bhandari(Dec) v. N/A

2025-12-08Hon'Ble Justice Sugato Majumdar2 pages

OD-21

IN THE HIGH COURT AT CALCUTTA

Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/328/2019

IN THE GOODS OF :

KAMAL BHANDARI ALIAS KAMAL KRISHNA BHANDARI (DEC)

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 8th December, 2025.

Appearance:

Mr. Riju Ghosh, Adv.

Ms. Soumi Mukhopadhyay, Adv.

Mr. Somnath Gangopadhyay, Adv.

....for the petitioner The Court:- This is an application praying for grant of probate of the last Will and Testament of the deceased, Kamal Bhandari, also known as Kamal Krishna Bhandari.

The deceased Kamal Krishna Bhandari was a Hindu governed by Dayabhaga School of Hindu Law. He left for heavenly abode on 02.04.2015. His last place of residence was 69/3/1, Chetla Road, P.S:- Chetla, Kolkata-700027. During his lifetime, the deceased executed his last Will and Testament on 12.12.2013. In the said Will, two joint Executors were appointed either of whom would be entitled to apply for grant of probate. The Petitioner, herein, is one of the Joint Executors. The Testator was a bachelor; his parents expired long ago. Citations were issued. No one came forward to lodge caveat, as a result of which this continued to be a non-contentious. Both the attesting witnesses as well as the Executor deposed in this case.

The attesting witnesses identified the signature of the Testator who executed the Will in the presence of the attesting witnesses. He was physically fit and mentally alert at the time of execution of the Will, as deposed. The Will was exhibited and marked. The Will was executed in presence of a lady, as deposed by the attesting witness, who might be the adopted daughter of the Testator.

Unchallenged testimony of the attesting witnesses proved due execution of the Will in terms of Section 63 of the Indian Succession Act. Let probate be granted.

Inventory and accounts shall be filed within six months from the date of grant of probate.

The instant probate application stands disposed of. (SUGATO MAJUMDAR, J.) T.O.

A.R.(C.R.)