In The Goods Of Tamal Kanti Datta Deceased v. Na

ORDER SHEET OD-63 PLA/506/2023

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

TAMAL KANTI DATTA, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 31st July, 2025 Appearance:

Mr. Abhijit Kumar Ghosh, Adv.

For the petitioner.

The Court :- The original Will made on 21st December, 1995 along with the additions and alterations thereto made subsequent to the attestation was filed with the application for grant of probate being PLA No. 506 of 2023. Since the additions and alterations in the original Will were neither attested nor were they duly certified as required under the law for the purpose of granting probate to the said Will with such addition, alteration and deletion, the provision of Section 71 of the Indian Succession Act, 1925 got attracted. The Will in question is in Bengali vernacular. The petitioner, therefore, was directed to produce the official translated version of the said Will in English without the addition, alteration and/or deletion.

The original copy of the official translation of the original Will in English without the addition, alteration and deletion placed before the Court is taken on record.

The Department is directed to grant the probate with a photocopy of the Will without addition, alteration and deletion since the Will has been proved in

common form and there has been no objection from the persons having caveatable interest despite being cited. The Department has also issued a no caveat certificate.

In the aforesaid facts and circumstances, the application is allowed by granting probate in terms of prayer [d] of the application. The probate application being PLA No. 506 of 2023, therefore, stands disposed of.

(ARINDAM MUKHERJEE, J.) snn