Allowed¶14

In the Goods of Gita Ghosh, Deceased v. Na

Calcutta HC9 Sept 2025PLA/512/2022

Case brief

AI extract

What is this about?

Probate granted; Calcutta High Court Original Side (Testamentary & Intestate Jurisdiction); PLA/512/2022; testatrix Gita Ghosh died 22.7.2022; Will dated 22 October 2019, registered with Additional Registrar of Assurances – IV, Kolkata; due execution proved under Section 63 of the Indian Succession Act on unchallenged testimony of attesting witness (P.W. 1) and Executor (P.W. 2); caveat by elder sister discharged 30 June 2025 for want of affidavit; inventory and accounts within six months of grant; Justice Sugato Majumdar; 9 September 2025.

What did the court decide?

Probate of the last Will and Testament of late Gita Ghosh granted; inventory and accounts to be filed within six months from the date of grant of Probate. ¶14

In the Goods of Gita Ghosh, Deceased Vs Na — Succession and Inheritance | Calcutta HC (2025)

¶1

OD 33

¶2

IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE

¶3

PLA/512/2022 IN THE GOODS OF : GITA GHOSH, DECEASED

¶4

BEFORE:

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THE HON’BLE JUSTICE SUGATO MAJUMDAR Date: 9^th September, 2025.

¶6

Appearance: Mr. Pratip Mukherjee,Adv. Ms. Chaitali Mukhopadhyay,Adv. Mr. Purnankar Biswas,Adv. …for the petitioner.

¶7

The Court: - Heard argument.

¶8

This is an application praying for grant of Probate of the last Will and Testament of late Gita Ghosh, the testatrix herein.

¶9

The Testatrix, Gita Ghosh was a Hindu governed by Dayabhangya School of Hindu Law and had the last place of abode at 7/A, Pitambar Ghatak Lane, P.O.- Alipore, P.S.-Chetla, Kolkata – 700027. She breathed her last on 22.7.2022 at SSKM Hospital, Kolkata – 700020.

¶10

Prior to her death, the Testatrix made and published her last Will and Testament, on 22^nd October, 2019 in English language. The Will was registered before the Office of the Additional Registrar of Assurances – IV, Kolkata. The husband of the testatrix predeceased her. She left behind two daughters as legal heirs and successors – one of whom is the beneficiary herein.

¶11

Citations were issued. Initially caveat was filed by the elder sister, one of the daughters of the Testatrix. But affidavit in support of caveat had not been filed. Accordingly, caveat was discharged in terms of the Order dated 30^th June, 2025.

¶12

P.W. 1 is the attesting witness and P.W. 2 is the Executor of the Will. Both are related to the Testatrix as deposed. P.W. 1 identified the signatures of the testatrix in the Will itself. According to the witness, the Testatrix put her signature in presence of the attesting witnesses and the attesting witnesses also put their respective signatures in presence of the Testatrix. The Testatrix was physically fit and mentally alert as deposed. She travelled from her residence to the Office of the Registrar as deposed. Death certificate was produced.

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From unchallenged testimony of the witnesses, due execution of the Will in accordance with Section 63 of the Indian Succession Act is proved and established.

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Let the Probate be granted. The instant application stands disposed of. Inventory and accounts shall be filed within six months from the date of grant of Probate.

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(SUGATO MAJUMDAR, J.)

¶16

s.chandra

In the Goods of Gita Ghosh, Deceased v. Na

Case brief

What is this about?

What did the court decide?

In the Goods of Gita Ghosh, Deceased v. Na

Case brief

What is this about?

What did the court decide?

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