This order grants letters of administration with the Will annexed for the estate of GITA DAS (DEC.) upon receiving a no caveat certificate from the department and issuance of a personal bond by the applicant.
Letters of administration with the Will annexed granted subject to furnishing a personal bond of Rs. 6,00,00/- with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
OD-44
IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION
PLA 236 OF 2022 IN THE GOODS OF: GITA DAS (DEC.)
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 15th June, 2023.
Appearance: Mr. Indranil Nandi, Adv. Mr. Sayak Konar, Adv. For petitioner
The Court :- This is an application for letters of administration of the last Will and Testament dated 24th August, 2000 left behind by the abovenamed deceased.
General Citation was issued and necessary affixation done. Publication has also been made. No testamentary caveat has been lodged by any person after the publication of General Citation. “No caveat certificate” has been issued by the department.
Considering the view of the department upon complete scrutiny, the letters of administration with the Will annexed is granted by allowing the petition in terms of prayer [a] of the petition subject to the applicant furnishing a personal bond for a sum of Rs.6,00,000/- with one surety.
The petition for grant of letters of administration stands disposed of, accordingly.
(ARINDAM MUKHERJEE, J.)
sb
2 issues framed by the court
Whether letters of administration with the Will annexed should be granted in the absence of a caveat.
Whether the petitioner can be allowed to step into the shoes of the deceased to administer her estate.
GITA DAS (DEC.)
ARINDAM MUKHERJEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
