Ramlubhaya Arora (Deceased) vs Unknown
2025 Latest Caselaw 1049 Cal/2

Calcutta High Court

Ramlubhaya Arora (Deceased) vs Unknown on 11 August, 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/116/2020
                           IN THE GOODS OF:
                     RAMLUBHAYA ARORA (DECEASED)


For the Petitioner           :     Mr. Deepnath Roy Chowdhury, Adv.
                                   Mr. Dibesh Dwivedi, Adv.
                                   Mr. Bhaskar Dwivedi, Adv.
                                   Mr. Dwip Raj Basu, Adv.


Hearing concluded on          :    11/08/2025

Judgment on                   :    11/08/2025


Sugato Majumdar, J.:

This is an application for grant of Probate of the last Will and

Testament of late Ramlubhaya Arora who breathed his last on the 31st of

December, 2018.

The late Ramlubhaya Arora was a Hindu governed by Mitakshara

School of Hindu Law and had his permanent place of residence at 13/E,

Dhirendra Ghosh Road, P.S.- Kalighat, Kolkata - 700025, West Bengal. Prior

to death, the said Ramlubhaya Arora, since deceased, executed his last Will

and Testament dated 1st June, 2018 in the English language.

The present Petitioner was made executrix of the last Will and

Testament. General and special citations were issued. No caveat had been

lodged as the report of the Assistant Registrar shows. Therefore, the

proceeding became uncontentious.

The attesting witness as well as the executrix examined themselves

before this Court.

The original death certificate was adduced in evidence along with the

original Will. The attesting witness, namely P.W. 1 was an employee under

the testator who was acquainted with his signature. He identified his

signature as well as the signatures of the testator in the Will. The attesting

witness further submitted that all the attesting witnesses put their

signatures in presence of the testator witnessing the execution of the Will in

their presence. The testator was physically fit and mentally alert at the time

of execution of the Will. There is no unnatural bequeath under the Will.

It is proved from the testimony of the witnesses that the Will was

executed in accordance with the provisions of Section 63 of the Indian

Succession Act.

Let Probate be granted in the last Will and Testament of the deceased

Ramlubhaya Arora dated 1st June, 2008.

Inventory and accounts shall be submitted within six months from the

date of grant of Probate.

The instant application stands disposed of.

(Sugato Majumdar, J.)

s.chandra