In the Goods of Chandra Kumar Rajgarhia… — Succession and Inheritance | Calcutta HC (2025)

In the Goods of Chandra Kumar Rajgarhia… — Succession and Inheritance | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Probate granted to the executor restricted to the properties and assets of the deceased situated within the State of Bengal; executor entitled to administer dematerialised shares held in dematerialised accounts maintained within West Bengal in accordance with law; PLA 122 of 2025 and I.A. G.A. No. 1 of 2025 disposed of.

Issue for consideration

Whether the executor may be granted probate restricted to the properties and assets of the estate situated within the State of West Bengal, given that certain movables are share certificates in companies registered outside West Bengal whose value exceeds Rs.10,000, engaging the (disputed) applicability of Section 273(b) of the Indian Succession Act, 1925.

Court's answer

As the Will has been proved in common form by the affidavit of the attesting witness and the heirs in intestacy have consented to the grant, there is no embargo in allowing the grant.

Ratio / Principle

Probate is granted to the executor in respect of the properties and assets of the deceased situated within the State of Bengal, with the main application treated as on day's list with the petitioner's consent; the executor must comply with the necessary formalities for issuance of the grant.

Key takeaways

In respect of shares of the estate held in dematerialised form in dematerialised accounts maintained within the State of West Bengal, the executor shall be entitled to administer the same in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Calcutta High Court (Testamentary & Intestate Jurisdiction), Justice Arindam Mukherjee, 10 November 2025 — Non-contentious probate in the goods of Chandra Kumar Rajgarhia, deceased (PLA 122 of 2025 with I.A. G.A. No. 1 of 2025). The affidavit of assets showed movables comprising share certificates in companies with registered offices outside West Bengal valued above Rs.10,000, engaging the applicability (noted as in dispute before the High Court) of Section 273(b) of the Indian Succession Act, 1925; the executor therefore prayed for a modified grant confined to West Bengal. Treating the main application as on day's list with the petitioner's consent, and since the Will stood proved in common form by affidavit of the attesting witness with the heirs in intestacy consenting to the grant, the Court granted probate to the executor restricted to the properties and assets of the deceased situated within the State of Bengal, directed compliance with the formalities for issuance of the grant, and held the executor entitled to administer dematerialised shares lying in dematerialised accounts maintained within West Bengal in accordance with law. Both applications disposed of.

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ORDER SHEET

IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION

IA No.GA/1/2025 IN PLA/122/2025 IN THE GOODS OF : CHANDRA KUMAR RAJGARHIA , DECEASED

BEFORE:

The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 10^th November, 2025.

Mr. Suman Kr. Dutt, Sr. Adv., Mr. Mohit Gupta, Mr. A. P. Agarwalla, Advocates for petitioner.

The Court : In the application for grant being PLA 122 of 2025 which is a non-contentious one till now, the executor has sought for grant of probate in respect of the properties and assets comprising the estate left behind by the deceased all over the Union of India.

In such application for grant of probate another application being I.A. No. G.A.1 of 2025 has been filed for listing the main application i.e., PLA 122 of 2025 and granting the relief claimed therein.

On a perusal of the affidavit of assets it appears that certain movables which comprises the estate are essentially share certificates in companies having their registered office situate outside the State of West Bengal and the value of such shares are in excess of Rs.10,000/-. This attracts the provisions of Section 273(b) of the Indian Succession Act, 1925, the applicability whereof in case of proceedings before the High Court is in

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dispute. The executor now prays for issuance of a modified grant restricted to the properties and assets forming part of the estate left behind by the deceased confined only to the State of West Bengal.

In the aforesaid facts and circumstances, the main application being PLA 122 of 2025 is treated as on day’s list with consent of the petitioner. The Will being the subject matter having been proved in common form by the affidavit of the attesting witness and the heirs in intestacy also having consented to the grant, there is no embargo in allowing such grant. This application is allowed by granting probate to the executor in respect of the properties and assets of the deceased which are situated within the State of Bengal. The executor has to comply with the necessary formalities for the issuance of grant in his favour.

So far as the shares forming part of the estate being in dematerialised form and are in dematerialised accounts maintained within the State of West Bengal, the executor shall be entitled to administrator the same in accordance with law.

The application being PLA 122 of 2025 along with I.A. G.A. No. 1 of 2025 are, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

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