Allowed

In the Goods of Ghanshyam Das Jhunjhunwala v. Na

Calcutta HC17 Jan 2023PLA/202/2020

Case brief

AI extract

What is this about?

This order allowed the petitioner's application for grant of probate of the will dated 10th September, 2013 executed by the deceased. The court accepted evidence from attesting witnesses confirming the testator's sound mind. The petition was disposed of with directions to exhibit the will.

What did the court decide?

Probate of the Will dated 10th September, 2013 is granted to the petitioner; a copy of the Will shall be made part of the probate.

In the Goods of Ghanshyam Das Jhunjhunwala Vs Na — Succession and Inheritance | Calcutta HC (2023)

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ORDER SHEET

PLA/202/2020

IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE

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IN THE GOODS OF :

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GHANSHYAM DAS JHUNJHUNWALA @ GHANSHYAM DAS KESHARDEV JHUNJHUNWALA (DEC.)

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BEFORE:

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The Hon'ble JUSTICE KRISHNA RAO Date : January 17, 2023.

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Appearance: Ms. Suchismita Chatterjee Ghosh, Adv. Mr. Kaushik Chakravorty, Adv. … for the petitioner

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The Court: Counsel for the petitioner is present and submits that the petitioner has filed the instant application for grant of probate of the last Will and Testament dated 10^th September, 2013 executed by the deceased testator, Ghanshyam Das Jhunjhunwala @ Ghanshyam Das Keshardev Jhunjhunwala.

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Counsel for the petitioner submits that the testator died on 10^th November, 2014 leaving behind his son - Tarun Jhunjhunwala @ Tarun Kumar Jhunjhunwala and daughter - Asha Chamaria. Counsel for the petitioner submits that the testator has executed the Will in presence of two attesting witnesses. The legal heir i.e. daughter, namely, Asha Chamaria has filed her affidavit-of-consent. The two attesting witnesses have also filed their affidavit in support of the Will. Counsel for the petitioner prays for

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grant of probate to the petitioner in terms of the Will dated 10^th September, 2013.

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Considered the submission made by the counsel for the petitioner.

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Perused the original Will, affidavit of the legal heir and the attesting witnesses. The attesting witnesses have categorically stated that the testator had executed the Will in their presence while possessing good health and fit state of mind.

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Considering the submission made by the counsel for the petitioner and the documents, this Court finds that the petitioner has been able to prove the Will. Accordingly, the petitioner is entitled to get probate of the Will dated 10^th September, 2013.

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The prayer in terms of (a) of the application is allowed.

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

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PLA/202/2020 is disposed of.

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(KRISHNA RAO, J.)

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In the Goods of Ghanshyam Das Jhunjhunwala v. Na

Case brief

What is this about?

What did the court decide?

In the Goods of Ghanshyam Das Jhunjhunwala v. Na

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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