Chandra Bhaduri Deced vs Unknown on 30 July, 2025

Calcutta High Court

Chandra Bhaduri Deced vs Unknown on 30 July, 2025

Author: Sugato Majumdar

Bench: Sugato Majumdar

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


Present:
The Hon'ble Justice Sugato Majumdar


                                  PLA/565/2022
              IN THE GOODS OF CHANDRA BHADURI DECED


For the Petitioner                :      Ms. Aparajita Rao, Adv.
                                         Ms. Nabanita Dutta, Adv.


Hearing concluded on              :      30/07/2025

Judgment on                       :      30/07/2025


Sugato Majumdar, J.:

This is an application for grant of probate of the last will and testament of the

deceased Chandra Bhaduri dated 15/02/2017.

The Testatrix was a Hindu governed by Dayabhaga School of Hindu Law. She

breathed her last on 1st July, 2017 at 11, Park Side Road, Kolkata-700026, P.S.-

Tollygunge. Her husband pre-deceased her on 14/12/1982. Prior to death, the

Testatrix executed her last will and testament dated 15/02/2017 which was duly

registered before the District Sub-Registrar I, Alipore, South 24 Parganas, recorded

in Book No. III, Volume No.1601 to 2017, pages 189 to 200 being no. 160100016.

The present Petitioner was appointed as the Executor of the will.

Citations were issued. No caveat was lodged. The probate proceeding became

uncontentious.

Page |2

PW 1 was the attesting witness who deposed before this Court. He identified

the signatures of the Testatrix and his own signature. Death certificate was also

produced. It was stated in evidence that the Testatrix first signed and executed the

will then the attesting witness put his signature on the will in presence of the

Testatrix. It was further stated that her physical and mental condition, at the time

of execution of the will was alright.

PW 2 was the Executor who proved the death certificate who stated in

evidence that the Testatrix had no son or daughter, her husband pre-deceased her;

the Testatrix was aunty of his wife. He also deposed that will was duly executed.

After examination, PW 2 was discharged.

Testimony of the witnesses specially the attesting witness established due

execution of the will in terms of Section 63 of the Indian Succession Act, 1925.

It was also deposed that this is the last will and testament of the Testatrix.

Let the probate be granted.

Inventory and accounts shall be furnished within six months from the date of

grant of probate.

The instant probate application stands disposed of.

(Sugato Majumdar, J.)