In The Goods Of - Bimla Devi Kasera (Dec.) v. Na

OD- 33 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/450/2023

IN THE GOODS OF:

BIMLA DEVI KASERA (DEC.)

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: 23rd December, 2024.

Appearance:

Mr. Ovik Sengupta, Adv.

Ms. Shreyasi Nath, Adv.

Mr. Swapan Nath, Adv.

...for the petitioner.

The Court : Mr. Ovik Sengupta, learned Advocate, is appearing for the petitioner.

The petitioner has filed the present application for grant of probate of the last Will and Testament dated 31st August, 2015 executed by the testatrix Bimla Devi Kasera.

Counsel for the petitioner submits that the testatrix has appointed the petitioner as the sole executor of her last Will and Testament. The testatrix died on 15th February, 2022 and the husband of the testatrix was predeceased to the testatrix. The testatrix died leaving behind four sons out of whom the petitioner is one of the son and other three sons have filed their affidavit of consent.

It is further submitted that all the three sons are also the attesting witnesses of the last Will and Testament of the testatrix. Considered the submissions made by the counsel for the petitioner. Perused the last the Will and Testament dated 31st August, 2015, death

certificate of the testatrix and the affidavit of all the legal heirs as well as the attesting witnesses.

This Court finds that the petitioner has proved the Will and is entitled to get the probate.

Accordingly, the Department is directed to grant probate to the petitioner of the last Will and Testament dated 31st August, 2015 after completion of all formalities.

At the time of grant of probate, a copy of the Will be made part of the probate.

Accordingly, PLA/450/2023 is disposed of.

(KRISHNA RAO, J.) KB