In the Goods of Kalachand Roy (Dec) v. Na
Case brief
What is this about?
PLA/115/2022, High Court at Calcutta (Original Side, Testamentary & Intestate Jurisdiction), decided 22.09.2025 by Justice Sugato Majumdar. Non-contentious probate of the Will of Kalachand Roy dated 27.07.2020 (testator died 19.03.2021; resident of 11/A, Anukul Mukherjee Road, Kolkata-700006). Execution effected by left thumb impression because arthritis prevented signing; attesting witness Dr. Rajesh Kumar Pandey deposed to execution in his presence with elder daughter and other witnesses identifying the impression. Due execution held proved per Section 63, Indian Succession Act, on unchallenged testimony. No caveat lodged. Probate granted; inventory and account within six months of grant. Relevant to: proof of due execution by thumb impression where the testator could not sign; probate procedure under Section 63 Indian Succession Act.
What did the court decide?
Grant of Probate of the last Will and Testament of Kalachand Roy; inventory and account to be filed within six months from the date of Grant of Probate.