Allowed

In the Goods of Hanuman Mal Pincha (Dec ) v. Na

Calcutta HC17 Jan 2023PLA/297/2019

Case brief

AI extract

What is this about?

This case involves an application for the grant of probate regarding the wills of Hanuman Mal Pincha. The court found the will authentic based on attesting witness affidavits and lack of objections from heirs, allowing the probate application.

What did the court decide?

Prayer (a) for grant of probate allowed; incidentally, death certificate of testator's wife to be kept with record; PLA No. 297 of 2019 disposed of.

In the Goods of Hanuman Mal Pincha (Dec ) Vs Na — Succession and Inheritance | Calcutta HC (2023)

¶1

OD-1

¶2

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE

¶3

PLA/297/2019

¶4

IN THE GOODS OF HANUMAN MAL PINCHA (DEC )

¶5

BEFORE:

¶6

The Hon'ble JUSTICE KRISHNA RAO Date: 17^TH JANUARY, 2023.

¶7

Appearance: Mr. K. R. Das, Adv. Mr. Arik Banerjee, Adv. ..for the plaintiff

¶8

The Court: Counsel for the petitioner is present.

¶9

Counsel for the petitioner submits that the petitioner has filed the instant application for grant of probate of the Will dated 1^st October, 2002 and the notes made by the testator in the said Will dated 6^th July, 2007.

¶10

Counsel for the petitioner submits that the testator has executed the Will by appointing his two sons as executor of the Will. The petitioner is one of the executor and the another executor namely, Ratan LaL Nakhat had filed his affidavit of consent.

¶11

Counsel for the petitioner submits that the testator died on 24^th January, 2019 leaving behind his wife and two sons and two daughters.

¶12

Counsel for the petitioner submits that the wife of the testator died on 12^th February, 2000 and one of the daughters died on 9^th July, 2012.

¶13

Counsel for the petitioner submits that all the legal heirs have filed their affidavit of consent. One of the attesting witnesses, namely, Bachraj Nakhat had also filed affidavit in support of the Will.

¶14

¶15

Counsel for the petitioner submits that none of the legal heirs have objected for grant of probate to the petitioner in terms of the Will dated 1^st October, 2002 read with dated 6^th July, 2007.

¶16

Considered the submission made by the Counsel for the petitioner, perused the original Will as well as the translated copy of the Will, death certificate of the testator, affidavit of submission by the legal heirs of the testator and affidavit submitted by the one of the attesting witness of the Will.

¶17

From the affidavit of the attesting witness it reveals that the testator had executed the Will in his presence as well as in presence of the other attesting witnesses firstly, on 1^st October, 2002, subsequently again on 6^th July, 2007.

¶18

The attesting witness further stated that in his affidavit that the testator was possessing good health and was fit state of mind while executing the Will on both occasions.

¶19

Considering the submission made by the Counsel for the petitioner and the documents as stated above, this Court finds that the petitioner is able to prove the Will and accordingly, the petitioner is entitled to the grant of probate as prayed for.

¶20

In view of the above, prayer (a) of the probate application is allowed.

¶21

At the time of grant of probate, the copy of the Will along with translated copy of the same be made as part of the probate.

¶22

PLA No. 297 of 2019 is disposed of.

¶23

The death certificate of the testator’s wife be kept with the record.

¶24

(KRISHNA RAO, J.)

¶25

Sbghosh

In the Goods of Hanuman Mal Pincha (Dec ) v. Na

Case brief

What is this about?

What did the court decide?

In the Goods of Hanuman Mal Pincha (Dec ) v. Na

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kankani Estate Private Limited Vs Oriental Bank of Commerce

Chandramukhi Impex Limited Vs Vishal Mega Mart Private Limited

In the Goods of : Nikhil Ranjan Datta (Dec.) Vs

In the Goods of- Shakuntala Devi Jhunjhunwala (Dec.) Vs Na

In the Goods of Ghanshyam Das Jhunjhunwala Vs Na

In the Goods of Meena Vasant Shah, Dec Vs Na