Application for Letters of Administration in goods of deceased Amar Ranjan Chakravorty. Court allowed grant to petitioner as elder daughter received citation yet failed to file caveat, finding no legal impediment for grant.
Prayer for grant of Letters of Administration to the petitioner is allowed.
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ORDER SHEET
IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE
PLA/367/2019
IN THE GOODS OF: AMAR RANJAN CHAKRAVORTY ALIAS AMAR RANJAN CHAKRABORTY (DEC.)
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO Date: March 15, 2023.
Appearance: Mr. Altamash Alim, Adv.
The Court: Counsel for the petitioner is present.
The petitioner has filed the instant application for grant of Letters of Administration to the estate of the deceased Amar Ranjan Chakravorty Alias Amar Ranjan Chakraborty.
Counsel for the petitioner submits that the testator died on 26.11.2014 leaving behind the petitioner, being the younger daughter and one Smt. Mitali Mukhopadhyay, being the elder daughter of the deceased. The wife of the deceased, namely, Minoti Chakraborty, is predeceased to the deceased Amar Ranjan Chakravorty alias Amar Ranjan Chakraborty and she died on 24th September, 2012. The Registrar of Testamentary and Intestate Jurisdiction of this Court has filed a report wherein it reveals that the citation was served upon Mitali Mukhopadhyay, who is residing at 11134 Cederwood Drive rock Ville MD 20852 USA. As per the report, no
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caveat has been filed for grant of Letters of Administration in spite of receipt of citation.
Counsel for the petitioner submits that as the elder daughter has received the citation and has not lodged any caveat, there is no impediment for grant of Letters of Administration as prayed for by the petitioner.
Considered the prayer made by the counsel for the petitioner.
Perused the application, death certificate of the deceased and the wife of the deceased as well as the report of the Office.
This Court finds that there is no impediment for grant of Letters of
Administration to the petitioner in terms of prayer (d) of the application.
Accordingly, prayer (d) of the application is allowed.
PLA/367/2019 is disposed of.
(KRISHNA RAO, J.)
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2 issues framed by the court
Whether Letters of Administration can be granted to the applicant when the elder daughter received the citation but filed no caveat.
Whether service on the elder daughter without a caveat filing creates an impediment for grant of administration.
1 provisions across 1 enactments
Amal Ranjan Chakravorty (Younger Daughter)
Smt. Mitali Mukhopadhyay
Krishna Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
