Calcutta High Court
Satya Prasanna Khan (Dec) vs Unknown on 3 April, 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/17/2020
IN THE GOODS OF: SATYA PRASANNA KHAN (DEC)
For the Plaintiff : Mr. Aniruddha Mitra, Sr. Adv.
Mr. Somdev Ash, Adv.
Mr. Prashant Kumar Singh, Adv.
Mr. Harsh Agarwal, Adv.
Hearing concluded on : 27/03/2025
Judgment on : 03/04/2025
Sugato Majumdar, J.:
This is an application praying for grant of probate of the last will and
testament dated 21/12/2004 of late Satya Prasanna Khan.
Late Satya Prasanna Khan, the Testator herein, was a Hindu. His last place
of abode was at P.O. & P.S. - Amta, Dist- Howrah, West Bengal. He breathed his last
on 24/04/2004 at Mohan Clinic, 46, Lake Temple Road, Kolkata-700029. Prior to
his death, the Testator executed his last will and testament on 21 st January, 2004,
appointing the Petitioner as a sole executor. The will was typed in Bengali language.
On death of the Testator, the executor filed the instant application along with
a copy of death certificate, the original will, affidavit of the attesting witness and
affidavit of assets.
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General and special citations were issued. No caveat was filed.
The Petitioner/Executor examined himself and also examined an attesting
witness. The attesting witness PW 1 was a caretaker in the house of the Testator. He
is well-acquainted with the signatures of the Testator, as he deposed. He identified
the signature of the Testator as well as of himself. He stated that the will was
executed in his presence. Another attesting witness was a compounder, stationed in
the locality. He identified that signature also. He also identified the signature of the
first attesting witness who was the wife of the Testator. PW 1 is the second attesting
witness. The testimony of PW 1, which is unchallenged clearly established, that will
was executed in presence of the attesting witness who put his signature along with
the first attesting witness, namely, the wife of the Testator in presence of each other.
He further stated that at the time of execution of the will, the Testator could move
and walk; he was of sound health and he used to go to market himself. He further
explained that he met with an accident while returning from the market one day and
got a hip joint injury. The hip joint was broken leading to his death.
The beneficiary of the will is the present executor being the only son of the
Testator. The will was also executed in presence of the wife of the Testator. There is
no unnatural bequest the will was executed in presence of the family member and
those closely associated with the family. Conspectus of fact clearly rules out any foul
play or existence of suspicious circumstance.
On appreciation of evidence, it is inevitable conclusion of this Court that the
propounder of the will as proved execution and attestation of the will in accordance
with Section 63(c) of the Indian Succession Act, 1925 read with Section 68 of the
Indian Evidence Act, 1872. Therefore, the Petitioner is entitled to grant of probate.
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It is ordered, therefore, that probate of the last will and testament of late
Satya Prasanna Khan, dated 21/01/2004 be granted.
Department shall do the needful. Accounts and inventory shall be filed
within six months from the date of grant of probate. The instant application stands
disposed of.
(Sugato Majumdar, J.)
