Calcutta High Court
Prasanta Chatterjee vs Krishna Majumdar & Anr on 22 November, 2022
1
IN THE HIGH COURT AT CALCUTTA
(Testamentary & Intestate Jurisdiction)
ORIGINAL SIDE
Present:
The Hon'ble Justice Krishna Rao
TS 15 of 2018
In the Goods Of:
Sankari Prasad Chatterjee, Deceased
-And-
Prasanta Chatterjee
-VS-
Krishna Majumdar & Anr.
Mr. Rajarshi Dutta
Mr. Sayantan Bose
Ms. Madhurima Das
.....For the Plaintiff
Heard on : 10.11.2022
Judgment on : 22.11.2022
Krishna Rao, J.:
The petitioner being the executor has filed the instant suit for grant of
probate with respect of the last Will and Testament of the deceased Sankari
Prasad Chatterjee dt. 5th April, 2012.
2
The deceased Sankari Prasad Chatterjee left behind his wife, two sons
and two daughters namely :
1.
Smt. Malati Chatterjee ... Wife ( Now Deceased)
2. Shri Prasanta Chatterjee ... Son ( Petitioner)
3. Shri Susanta Chatterjee ... Son
4. Smt. Krishna Majumdar ... Daughter
5. Smt. Sukla Roy ... Daughter.
The wife of the deceased namely, Smt. Malati Chatterjee died on 19th
April, 2016.
On receipt of special citation, the daughter namely Smt. Krishna
Majumdar and Smt. Sukla Roy have lodged their caveat along with an
affidavit accordingly the probate proceeding was converted to a
Testamentary Suit. During the pendency of the instant suit, the daughters
have filed their affidavit of consent by stating that they are not willing to
oppose for grant of probate with respect of the last WILL and Testament in
favour of the petitioner accordingly vide order dt. 10th December, 2020 the
caveators have been discharged from the instant suit and the plaintiff was
given liberty to obtain probate upon proving the WILL.
On the prayer of the plaintiff, an Advocate Commissioner was
appointed to examine the witnesses of the plaintiff on commission. The
plaintiff has examined two witnesses on commission namely:
1. Shri Susanta Chatterjee - Brother of executor as well as Attesting
witness of the Will.
2. Shri Prasanta Chatterjee - Plaintiff, Executor of the Will.
During the examination of the said witnesses, two documents were
exhibited namely:
i. Exhibit - A ... Original Will dt. 5th April, 2012.
ii. Exhibit - B ... Original Death Certificate of Sankari Prasad
Chatterjee.
The Witness namely, Susanta Chatterjee is one of the son the
deceased Sankari Parasad Chatterjee and is also the attesting witness of the
Will dt. 5th April, 2012. During his evidence, the Original Will was tendered
before him and he has identified the said Will. He has also identified the
signature of his father in the Will as well as his signature and the other
attesting witnesses. In his evidence, he has categorically deposed that his
father has executed the Will in his presence and in presence of the
witnesses at the residence. The witness also stated that at the time of
execution of the Will father was mentally alert and physically active. He has
also confirm that he has filed an affidavit of consent for grant of probate in
favour of the executor of the Will.
The plaintiff who is the executor of the will is examined as witness in
the instant case and he has supported his case made out in the probate
application and had also filed the death certificate of his father to prove that
his father expired on 23rd April, 2013. He has also proved that his mother
died on 19th April, 2016.
After going through the evidence of the witnesses and the documents
exhibited during their evidence, the plaintiff has able to prove that during
the life time the father namely Sankari Prasad Chatterjee had executed a
Will in favour of the plaintiff in presence of the witnesses while possessing
good health. Though the daughters of the deceased have initial filed their
caveat and affidavits but subsequently on their prayer they have been
discharged and there is no challenge to the suspicion of the Will.
In view of the above, the plaintiff Shri Prasanta Chaterjee has proved
the last Will and Testament of the deceased for grant of probate in favour of
the plaintiff.
The suit is accordingly decreed in terms of prayer (a) of the application
for grant of probate of the Will. The probate of the Will dt. 5th April, 2012
executed by the testatrix Sankari Prasad Chatterjee is granted to the
plaintiff, Shri Prasanta Chatterjee on payment of requisite Stamp Duty.
Copy of the Will be annexed to the Probate.
TS 15 of 2018 is disposed of. Decree be drawn accordingly.
(Krishna Rao, J.)
