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Calcutta High CourtPLA/475/2022disposed

In The Goods Of Puspa Maitra (Dec.) v. Na

2026-02-16Hon'Ble Justice Sugato Majumdar2 pages

OD-38

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/475/2022

IN THE GOODS OF :

PUSPA MAITRA (DECEASED)

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date:16th February, 2026 Appearance:

Mr. Bidhayak Lahiri, Adv.

Ms. Bhaswati Lahiri, Adv.

...for the petitioner The Court:- This is an application for grant of probate of the last Will and Testament of the deceased Puspa Maitra.

The deceased Puspa Maitra had last place of residence at 21/2, Ramkrishna Pally, North Dum Dum, P.O. & P.S.- Nimta, Kolkata-700049, District- North 24 Parganas. She was a Hindu governed by Dayabhaga School of Hindu Law. He breathed her last on 11th January, 2021 at her place of residence.

Prior to her death she executed a Will dated 13th July, 2013 wherein the sister and the daughter of the Testatrix had been appointed as the Executors of the Will. The daughter of the Testatrix is also the sole beneficiary. The Will was duly registered in the Office of the Additional Registrar of Assurances-III in Kolkata but the original was missing. Therefore, this application was filed with a certified copy of the Will annexed.

Once the probate proceeding had been instituted, citations were issued. No caveat was lodged, as a result of which the proceeding became noncontentious cause. One of the attesting witnesses deposed that the Testatrix executed the Will in presence of himself and other attesting witness and they also put their signature in the Will in presence of the Testatrix. The another attesting witness was the husband of the Testatrix. It was also in evidence that the Testatrix was physically fit and mentally alert at the time of execution of the Will. On appreciation of the evidence this Court is of the opinion that due execution of the Will has been proved.

Letter of Administration may be issued with a copy of the Will annexed. A bond of Rs.15,00,000/- may be furnished before the Learned Registrar, Original Side.

Letter of Administration as aforesaid may be granted. The instant proceeding stands disposed of.

(SUGATO MAJUMDAR, J.) T.O.

A.R.(C.R.)