In the Goods of Bela Chowdhury, Deceased Vs Na — Calcutta HC (2026) — LawSathi Research

In the Goods of Bela Chowdhury, Deceased Vs Na — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Letters of administration with the Will annexed granted to Sri Utsab Gupta, subject to furnishing a bond of Rs. 6 lakhs with one surety.

Issue for consideration

Whether the Will dated 15th June 2001 of the deceased testatrix Bela Chowdhury is duly proved in solemn form, free of suspicious circumstances, so as to justify the grant of letters of administration with the will annexed.

Court's answer

The chain of events - the testatrix going to the office of the Registering Authority at Alipore and placing the documents for registration after executing the Will and getting it attested - demonstrates that she was not physically or mentally infirm on 15th June 2001 when the Will was executed.

Ratio / Principle

The deposition of the witness, her relationship with the testatrix and the relationship between the testatrix and the attesting witnesses do not give rise to any suspicious circumstances.

Key takeaways

The Will dated 15th June 2001 is proved in solemn form.ratio¶14

Detailed headnote1 paragraphs

Probate/Letters of Administration - Proof of will in solemn form - Both attesting witnesses had passed away during the interregnum, so the Will dated 15th June 2001 could not be proved in common form despite there being no objection to the grant of letters of administration with the will annexed - Registered Will was signed by the testatrix in the office of the registering authority at Alipore, signature affixed in the presence of the attesting witnesses and in front of attending witness Ms. Mitali Gupta, and the Will was placed for registration by the testatrix herself - Chain of events demonstrated the testatrix was not physically or mentally infirm on the date of execution - Deposition of the witness and the relationships involved gave rise to no suspicious circumstances - Will proved in solemn form - Letters of administration granted to Sri Utsab Gupta with the Will annexed, subject to furnishing a bond of Rs. 6 lakhs with one surety - Application disposed of.

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OD-4 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION

PLA/320/2024

IN THE GOODS OF : BELA CHOWDHURY, DECEASED

BEFORE:

The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 13^th February, 2026

Mr. Proshit Deb, Adv. Ms. Ranjana Seal, Adv. .. . for the petitioner.

The Court :- The Will dated 15^th June, 2001 was directed to be proved

in solemn form despite there being no objection to the grant of letters of administration with the will annexed as the two attesting witnesses have passed away during the interregnum for which the Will could not be proved in common form.

Ms. Mitali Gupta appeared to depose as the attending witness to prove the will.

On a perusal of the deposition of the said witness it appears that the Will was signed by the testatrix in the office of the registering authority at Alipore wherein she was present. The attesting witnesses who are either family friends or acquaintance of the testatrix were also present. The late husband of the witness was also present. The signature was affixed by the testatrix in the presence of the attesting witnesses and in front of Ms. Mitali

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Gupta, the witness. The attesting witnesses signed in presence of the testatrix as also in presence of the witness, Ms. Mitali Gupta. The Will being a registered document was placed for registration by the testatrix herself. The chain of events that the testatrix went to the office of the Registering Authority, placed the documents for registration after executing the same and getting it attested demonstrates that she was not physically or mentally infirm on 15^th June, 2001 when the said Will was executed. The deposition of the witness, her relationship with the testatrix and the relationship between the testatrix and the attesting witnesses do not give rise to any suspicious circumstances. The Will dated 15^th June, 2001 is proved in solemn form.

Let the letters of administration be granted to Sri Utsab Gupta who has applied for the same with the Will annexed subject to furnishing a bond of Rs.6 lakhs with one surety.

The application for letters of administration being PLA 320 of 2024 is, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

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