Bibhas Bibhuti Dasgupta S/O Dr. Bibhuti Dasgupta v. Bibhuti Dasgupta S/O Bidyabhushan Dasgupta (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 29th April, 2025 FOR DIRECTION :

36. TP/1930/2025 (AMH20230042003C202 500001) P. C. :

Shri. Hiralal Chaturvedi Ld. Advocate for the Petitioner

1. Petition is filed for the grant of letters of administration in respect of the properties left by the deceased, namely Dr Bibhuti Dasgupta S/o Bidyabhushan Dasgupta

2. The petitioner no. 1 is daughter of the deceased. Nibharani Kothari is also daughter of the deceased. However, the petitioner no. 1 being the constituted power of Attorney of the said Nibharani has filed the petition as petitioner No.2.

Sec. 243 of the Indian Succession Act, 1925 reads as under, - Administration to attorney of absent person entitled to administer in case of intestacy.- When a person entitled to administration in case of intestacy is absent from the State, and no person equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the absent person, limited as mentioned in section 241.

3. Hence, the petitioner No. 2 being constituted attorney of the Nibharani cannot present the petition. Hence, the petitioner to take steps amend the petition.

4. S. O. to 06.05.2025 29.04.2025 Officer on Special Duty, with Testamentary Department