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Calcutta High CourtPLA/506/2022disposed

In The Goods Of Sri Sudhir Kumar Mondal, Dec v. Na

2025-12-16Hon'Ble Justice Sugato Majumdar2 pages

OD-13

IN THE HIGH COURT AT CALCUTTA

Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/506/2022

IN THE GOODS OF :

SRI SUDHIR KUMAR MONDAL, DEC

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 16th December, 2025.

Appearance:

Mr. Arijit Chatterjee, Adv.

Mr. Amar Kr. Halder, Adv.

Mrs. Pronita Paramanya Naskar, Adv.

...for the petitioner The Court:- This is an application for grant of Letter of Administration of the estate of deceased Sudhir Kumar Mondal.

The deceased Sudhir Kumar Mondal was a Hindu governed by Dayabhaga School of Hindu Law. He left for heavenly abode on 31.10.2010. His last place of residence was 11/1B, Chore Bagan Lane, P.O.:- Burabazar, P.S.:- Girish Park, Kolkata-700007. Prior to his death he executed his last Will and Testament on 15.5.2000 (in corresponding to Bengali date 31st Baisakh, 1407). The said Testator left behind his surviving sons and daughters. The named Executor in the Will applied for probate. On death of the said Executor, the beneficiaries applied for grant of Letter of Administration who are none but the widow, sons and daughters of the beneficiary. Citations were issued. None appeared to contest the probate proceedings. Hence it became non-contentious cause. There was also paper publication.

PW-1 is one of the attesting witnesses who identified the signature of the Testator and deposed that the Testator executed the Will in presence of his sons, daughters and others including the said witness. The witness, namely, PW-1 attested the Will in presence of the Testator. It was also deposed that the Testator was physically fit and mentally alert at the time of execution of the Will. Death Report of the Testator was marked.

Unchallenged Testimony of the attesting witness proved due execution of the Will in terms of Section 63 of the Indian Succession Act. Letter of Administration accordingly may be granted subject to furnishing a bond of 10% of the value of the properties with two sureties. Let the Letter of Administration be granted.

The instant application stands disposed of.

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

(SUGATO MAJUMDAR, J.) T.O.

A.R.(C.R.)