Calcutta High Court
Bejoya Devi (Dec.) vs Unknown on 4 May, 2023
IN THE HIGH COURT AT CALCUTTA
(Testamentary & Intestate Jurisdiction)
ORIGINAL SIDE
Present:
The Hon'ble Justice Krishna Rao
PLA 129 of 2020
In The Goods Of :
Bejoya Devi (Dec.)
Mr. Samrat Mukherjee
Mr. Dakshayani Basu
.....For the petitioner
Heard on : 30.03.2023
Judgment on : 04.05.2023
Krishna Rao, J.: -
The petitioner has filed the instant application for grant of Letters of
Administration of the last Will and Testament dated 23rd March, 1958 of the
deceased Bejoya Devi wife of late Hira Lal Chakravarty. The testatrix had
executed her last Will and Testament on 23rd March, 1958 by appointing
Shri Bimal Prasanna Bhattacharyya and Shri Asit Kumar Bhattacharji as
her executors. Sriman Gobindo and Sriman Arabinda have been made as
beneficiary of the said Will. The testatrix died on 29th March, 1962. Bimal
Prasanna Bhattacharyya who is one of the executor of the Will was
unmarried and died on 10th April, 2016 and the other Executor of the Will
namely Asit Kumar Bhattacharji died intestate on 29th January, 2005. Asit
Kumar Bhattacharji left behind three daughters namely Sudhamoye
Bhattacharyya, Annapurna Bhattacharjee and Urmila Bhattacharya, two
granddaughters, namely Mitali Bhattacharjee @ Mita and Kaberi
Bhattacharyya @ Rita, two great granddaughters, namely Mahua Ghosh and
Madhushree Ghosh, one great grandson Shri Amit Bhattacharya and two
grandsons Tanmoy Chakraborty @ Gobindo Chakraborty (the petitioner
herein) and Dr. Arun Kumar Bhattacharji.
During the pendency of the instant application, Sudhamoye
Bhattacharya, Annapurna Bhattacharjee and Urmila Upadhyay expired and
their death has been recorded. Inspite of issuance of citation upon
Sudhamoye Bhattacharya, Annapurna Bhattacharjee and Urmila Upadhyay,
Mahua Ghosh and Madhushree Ghosh have neither lodged any caveat nor
have given their consent. The other legal heirs, namely Amit Bhattacharya,
Mitali Bhattacharjee, Kaberi Bhattacharya, Dr. Arun Kumar Bhattacharji,
Protip Kumar Bhattacharjee have filed their consent for grant of Letters of
Administration to the petitioner. One of the attending witnesses of the Will,
namely Arun Kumar Bhattacharji has also filed his affidavit in support of
Will. The petitioner had examined Dr. Arun Kumar Bhattacharji being the
attending witness of the Will on Commission. During his examination, Dr.
Arun Kumar Bhattacharji stated that in his presence, the testatrix had
executed Will and has identified the said Will and the same was marked as
Exhibit-A. In his evidence, he has also stated that he used to reside with
testatrix in her house and his presence, the executrix has executed her last
Will. The witness during his evidence has also identified the signature of the
attesting witnesses and the signatures were marked as Exhibit A/1, A/2,
A/3, A/4 & A/5. He has also stated that the witnesses have also signed the
Will in his presence.
Considered the submission made by the Counsel for the petitioner
perused the Will, Death Certificate of the deceased and other legal heirs,
affidavit-of-consent of the legal heirs and the evidence of the attending
witness. This Court finds that the petitioner has proved the case and thus
the petitioner is entitled to get the Letters of Administration as prayed for by
the petitioner.
In view of the above, prayer (b) of the instant application is allowed.
Subject to furnishing personal bond of Rs. 25,00,000/- with two sureties.
PLA 129 of 2022 is thus allowed.
(Krishna Rao, J.)
