e widow of the testator was granted probate of the last will and testament, which was proved in common form by an attesting witness affidavit, as she undertook to protect the share of two minor children.
Probate of the last Will and Testament dated 8th June, 2022 was granted to the executrix.
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.
ORDER SHEET
OD-45
PLA/64/2023 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION
IN THE GOODS OF: BHASKAR SINGHA GHOSH, DECEASED
BEFORE:
The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 5th October, 2023.
Appearance: Mr. Sabyasachi Sen, Adv.
The Court :- The widow of the testator is the applicant for grant of probate of the last Will and Testament dated 8th June, 2022 left behind by the abovenamed deceased as the sole executrix appointed thereunder. The testator was survived by his widow and two minor children. The mother of the testator predeceased him. The widow on behalf of the minors has consented to the grant and she being the applicant is seeking for probate. The widow as the mother and the natural guardian of the two minors being one son and one daughter have filed an affidavit affirmed on 13th September, 2023 undertaking that she will keep 2/3rd value of the estate intact till the minors attain majority. The affidavit is accompanied by Vakalatnama executed by the mother as the natural guardian of the two minors.
The two Vakalatnamas and the affidavit are taken on record.
Considering the undertaking given by the executrix in the capacity of being the mother and the natural guardian of two minor legal heir/heiress in
2
intestacy of the deceased, the probate is granted as the same has been proved in common form by the affidavit of the attesting witness.
Considering the view of the department upon complete scrutiny, the application for grant of probate is allowed by granting order in terms of prayer (a) of the petition.
The petition for grant of probate stands disposed of, accordingly.
(ARINDAM MUKHERJEE, J.)
snn.
1 issue framed by the court
Whether to grant probate of the last Will and Testament of the testator.
1 provisions across 1 enactments
Widow of BHASKAR SINGHA GHOSH
ARINDAM MUKHERJEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
