I N The Goods Of Manabendra Mozumder (Dec) v. N

OD-19

IN THE HIGH COURT AT CALCUTTA

Testamentary & Intestate Jurisdiction ORIGINAL SIDE PLA/363/2021 I N THE GOODS OF MANABENDRA MOZUMDER (DEC)

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 18th August, 2025.

Appearance:

Mr. Debangshu Dinda, Adv.

...for the petitioner The Court:- Heard argument today.

The instant application is filed praying for grant of probate of the last Will and Testament of the deceased Manabendra Mozumder. The deceased was a permanent resident of 68B, Tollygunge Circular Road, P.O. & P.S.- New Alipore, Kolkata- 700053. He was a Hindu. He breathed his last on 30th December, 2020. Prior to his death, he executed his last Will and Testament on 6th February, 2011 appointing the Petitioner being the wife of brother-in-law as the Executrix. The Testator had no child and died issueless. Wife of the Testator pre-deceased him.

The named legal heirs and successors namely, Samit Dutta and Sushmita Das expressed their consent in grant of probate of the Will. No caveat was ever lodged.

Two attesting witnesses were examined who identified the signatures of the Testator in the Will. The attesting witnesses signed immediately after

execution of the Will by the Testator in his presence. The attesting witnesses not only identified the signatures of the Testator but also of their own. It was further deposed by the attesting witnesses that the Testator was physically fit and mentally alert at the time of execution of the Will. The Will is registered one and disposition is not un-natural. Due execution of the Will in terms of Section 63 of the Indian Succession Act, is proved. Let probate be granted. Inventory and accounts be filed within six months from grant of probate.

The instant probate application stands disposed of. (SUGATO MAJUMDAR, J.) D.Ghosh A.R.(C.R.)