In The Goods Of Abhijit Dasgupta Deceased v. Na

OD-3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Testamentary & Intestate Jurisdiction ORIGINAL SIDE PLA/276/2023

IN THE GOODS OF :

ABHIJIT DASGUPTA, DECEASED

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : June 13, 2025.

Appearance:

Ms. Pooja Sah, Adv.

Mr. Sourish Ray, Adv.

...for the petitioner

1. Ms. Pooja Sah, learned advocate, is appearing for the petitioner.

2. The petitioner has filed the present application for grant of Letters of Administration to the estate of the deceased Abhijit Dasgupta who died on 14th August, 2014. The petitioner is the cousin brother of the deceased and another cousin brother of the deceased, namely, Shantanu Dasgupta, has filed affidavit of consent stating that he has no objection for grant of Letters of Administration to the petitioner.

3. It is found from the genealogical table of Khitish Chandra Dasgupta that Khitish Chandra Dasgupta had three sons, namely, Satyash Dasgupta, Sitesh Dasgupta and Somesh Dasgupta. Satyash Dasgupta died on 11th February, 1977 leaving behind two sons, namely, Santanu Dasgupta and Sanjay Dasgupta and wife of Satyash Dasgupta was predeceased to Satyash Dasgupta who died on 14th November, 1976. Sitesh Dasgupta was unmarried and issueless and he died on 22nd

January, 2011. Somesh Dasgupta had one son, namely, Abhijit Dasgupta and wife Shila Dasgupta was predeceased to Somesh Dasgupta. Somesh Dasgupta died in the year 2004 and the wife of Somesh Dasgupta died on 23rd October, 2001 and Abhijit Dasgupta died on 14th August, 2014 and thus the only legal heirs are Sanjay Dasgupta and Santanu Dasgupta. Sanjay Dasgupta is the petitioner before this Court and Santanu Dasgupta has filed affidavit of consent and he has no objection for grant of Letters of Administration to the estate of the deceased to the petitioner.

4. Heard the learned counsel for the petitioner. Perused the materials on record.

5. This Court finds that there are only two legal heirs and out of the two legal heirs, one has filed the present application and another legal heir has submitted his affidavit of consent. Accordingly, the petitioner is entitled to get the Letters of Administration in respect of the estate of the deceased Abhijit Dasgupta subject to furnishing personal bond of Rs.6 lakhs with one surety.

6. The department is directed to issue Letters of Administration upon compliance of all formalities.

7. PLA/276/2023 is disposed of.

(KRISHNA RAO, J.) sp3