Allowed

In the Goods of Jugal Kishore Shasmal (Dec.) Vs

Calcutta HC9 Jan 2023PLA/63/2016

Case brief

AI extract

What is this about?

The High Court at Calcutta, in a testamentary matter, considered an application for grant of probate filed by the petitioner, appointed as executor, to the deceased testator Jugal Kishore Shasmal. After examining the Will, death certificate, and attestations, the court found no suspicion regarding its validity and granted the probate.

What did the court decide?

Grant of probate to the petitioner as executor of the last Will and Testament dated 21st July, 2015.

In the Goods of Jugal Kishore Shasmal (Dec.) Vs — Succession and Inheritance | Calcutta HC (2023)

OD-9

ORDER SHEET

PLA/63/2016

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

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IN THE GOODS OF: JUGAL KISHORE SHASMAL (DEC.)

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BEFORE:

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The Hon'ble JUSTICE KRISHNA RAO Date : January 9, 2023.

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Appearance Mr. Subhankar Chakraborty, Adv. Mr. Saptarshi Bhattacharjee, Adv. … for the petitioner

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The Court : Counsel for the petitioner is present and prays for grant of probate to the petitioner being the executor in respect of the last Will and Testament dated 21^st July, 2015 of the deceased testator Jugal Kishore Shasmal.

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Counsel for the petitioner submits that the testator died bachelor and his parents were predeceased to him. The testator died leaving behind his three brothers, namely, Pranab Kishore Shasmal, Manab Kumar Shasmal and Sourin Kumar Shasmal. Counsel for the petitioner submits that the petitioner is the cousin of the testator and the testator has appointed the petitioner as executor of his last Will and Testament dated 21^st July, 2015. Counsel for the petitioner submits that initially the brothers have filed their caveats but thereafter they have not filed any affidavit in support of their caveats and accordingly, the petitioner has filed an application being

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GA/1/2022 praying for discharge of the caveats lodged on 5^th February, 2018 and vide order dated 2^nd January, 2023 this Court has discharged the caveats and fixed the matter as non-contentious application. Counsel for the petitioner further submits that in spite of publication of special citation and general citation, none has filed any objection for grant of probate to the petitioner. The attesting witnesses of the last Will and Testament, namely, Haradhan De and Subhankar Pradhan have filed their affidavits wherein they have categorically stated that in their presence the testator had executed the Will on 21^st July, 2015 and at the time of execution of the Will, the testator was having good health and was in fit state of mind. Counsel for the petitioner prays for grant of probate in terms of the last Will and Testament dated 21^st July, 2015.

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Heard learned counsel for the petitioner. Perused the original Will, death certificate and the affidavits of the attesting witnesses.

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This Court finds that the petitioner has been able to prove the last Will and Testament dated 21^st July, 2015 and there is no circumstances to create any suspicion over the said last Will and Testament of the deceased.

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

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At the time of grant of probate, copy of the Will may be made part of the probate.

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PLA/63/2016 is disposed of.

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(KRISHNA RAO, J.)

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In the Goods of Jugal Kishore Shasmal (Dec.) Vs

Case brief

What is this about?

What did the court decide?

In the Goods of Jugal Kishore Shasmal (Dec.) Vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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