In The Goods Of Binapani Das Deceased - And- In The Matter Of Smt Singdha Dutta v. Sunand Prosad Shaw

IA No. GA 1 of 2023 APOT No. 360 of 2023 with PLA No. 9 of 2010

IN THE HIGH COURT AT CALCUTTA

In appeal from its TESTAMENTARY & INTESTATE JURISDICTION CIVIL APPELLATE JURISDICTION In the goods of:

Binapani Das (Deceased) And In the matter of:

Smt. Snigdha Dutta

Versus

Sunand Prosad Shaw Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 22nd November 2023 Appearance:

Mr. Bidyut Kr. Banerjee, Advocate for the appellant Mr. Debasish Chattopadhyay, Advocate Mr. Loknath Paul, Advocate Mr. Tirthankar Basu, Advocate for the respondent The Court: We admit the appeal.

We find no merit in this appeal.

The impugned judgment and order dated 30th August 2023 has been rightly passed holding that the appellant/intending transferee in an agreement for transfer between the her and the testatrix Binapani Das did not create any caveatable interest in favour of her to contest the application for grant of probate of the last Will and testament of Binapani Das.

Assuming that the appellant is a bona fide intending transferee under an agreement to transfer, her rights, if any, to enforce the agreement remain against the executor or the beneficiary of the said Will in case the will is probated and against her legal heirs and representatives in case the application for grant of probate fails.

With the above observations we dismiss the appeal and the connected application.

We make it clear that we have not gone into the rights and liabilities of the parties, save and except what is decided by us by the reasons given above.

As no affidavits were invited, allegations contained in the stay application are deemed to have not admitted.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY , J.) R. Bose