In The Goods Of Manoharlal A Domadia Deceased v. Na

ORDER SHEET OD-53 PLA/514/2022

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

MANOHARLAL A. DOMADIA, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 13th July, 2023.

Appearance:

Ms. Anjali Agarwal, Adv.

The Court :- This is an application for grant of probate of the last Will said to have been left behind by Manoharlal Amratlal Domadia on 13th September, 2000. The executor to the Will of Manoharlal Amratlal Domadia had applied for letters of administration with a copy of Will annexed thereto before VIIIth Additional Senior Civil Judge at Rajkot. The prayer for grant of letters of administration was, however, turned down, as the deceased was ordinarily a resident of Kolkata and the Will has been executed thereat. It was also observed that publication of the citation, if any, made in Gujarat may not bring to the notice of the persons having a caveatable interest about the proceedings of letters of administration filed at Rajkot.

After passing of the order dated 28th November, 2019 by the Court at Rajkot, the petitioner as an executor has applied for grant of probate of the last Will of the deceased dated 13th September, 2000. The petitioner is incidentally the son of the deceased and only legal heir. The two daughters of the deceased being his heiresses in intestacy have consented to the grant.

Considering the view of the department upon complete scrutiny, the application for grant of probate is allowed by granting order in terms of prayer (a) of the petition.

The petition for grant of probate stands disposed of, accordingly. (ARINDAM MUKHERJEE, J.) snn