Disposed¶22

In the Goods of Subhas Chandra Chakraborty (Dec) v. Na

Calcutta HC2 May 2025PLA/260/2022

Case brief

AI extract

What is this about?

Probate application PLA/260/2022, High Court at Calcutta, judgment 02/05/2025, Sugato Majumdar J. Will of Subhas Chandra Chakraborty dated 20/06/1995; registered will; Testator died 05/05/2014 at Durgapur, Burdwan. Non-contentious probate — citations issued, no caveat. Attesting witnesses Manoranjan Dey and Shiba Prasad Mondal dead; execution proved by witness Pranati Bhattacharya (PW 1) present at execution; proof under Section 69 Indian Evidence Act 1872 (Sections 68/69); compliance with Section 63 Indian Succession Act 1925. Probate granted; inventory and accounts within six months; application disposed of.

What did the court decide?

Probate granted to the last will and testament of the Testator dated 20/06/1995; inventory and accounts to be filed within six months. ¶22

In the Goods of Subhas Chandra Chakraborty (Dec)… — Succession and Inheritance | Calcutta HC (2025)

¶1

IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION

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ORIGINAL SIDE

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Present:

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The Hon’ble Justice Sugato Majumdar

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PLA/260/2022

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IN THE GOODS OF :

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SUBHAS CHANDRA CHAKRABORTY (DEC)

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For the Petitioner : Ms. Debjani Ghosh, Adv. Ms. Nafisa Yasmin, Adv. Hearing concluded on : 30/04/2025 Judgment on : 02/05/2025

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Sugato Majumdar, J.:

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This is an application praying for grant of probate to the last will and testament of the Testator dated 20/06/1995.

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The Testator Subhas Chandra Chakraborty, since deceased, breathed his last on 5^th May, 2014 at 58, S.N. Basu Sarani, Subhas Pally, Benachity, Durgapur, Pachim Burdwan, Pin – 713213 and last place of abode of the Testator was “Juranaloy”, 58, Satyen Bose Sarani, Subhas Pally, Police Station, Post Office and Sub-Division – Durgapur, District-Burdwan, Pin – 713213. At the time of death, the Testator left behind him, his wife Namita Chakraborty, two sons – Tapan Kumar Chakraborty and Tarun Kumar Chakraborty, one daughter Ira Banerjee and one granddaughter.

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Prior to death, the Testator executed his last will and testament on 20^th June,

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P a g e | 2

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Wife of the Testator expired on 02/08/2016, address of the elder son is not known and he lives separately from the Testator. The younger son is the beneficiary.

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The instant application is filed, praying for grant of probate of the said last will and testament of the Testator.

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Citations were issued. None filed caveat. The proceeding became noncontentious.

¶18

It is stated in application that both the attesting witnesses expired. One attending witness Pranati Bhattacharya deposed as a witness. The Testator was the father-in-law of the daughter of the witness. She identified the death certificate. She stated in evidence that she was present when the will was executed. She was present along with her husband at the time of execution of the will. Wife of the Testator and two attesting witnesses, namely, Manoranjan Dey and Shiba Prasad Mondal as well as one advocate was also present. She identified the signatures of the attesting witnesses. The Testator signed first then Manoranjan Dey signed and then Shiba Prasad Mondal signed the will. The will is a registered one. The will was executed and attested in her presence and she identified the signatures.

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In terms of Section 68 of the Indian Evidence Act, 1872, execution of the will is to be proved by at least one attesting witness. Since the attesting witnesses are dead, Section 69 will come to play, according to which it must be proved that the attestation of at least one attesting witness is in his handwriting and that the signature of the person executing the document in the handwriting of the person. PW 1 proved the execution of the will by the Testator and the attesting witnesses. It is proved that the will was executed in accordance with Section 63 of the Indian Succession Act, 1925.

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P a g e | 3

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Let the probate be granted.

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Inventory and accounts shall be filed within six months. The instant application stands disposed of.

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(SUGATO MAJUMDAR, J.)

In the Goods of Subhas Chandra Chakraborty (Dec) v. Na

Case brief

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In the Goods of Subhas Chandra Chakraborty (Dec) v. Na

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