(Arora) vs Das Arora (Chotmurada)
2025 Latest Caselaw 800 Cal/2

Calcutta High Court

(Arora) vs Das Arora (Chotmurada) on 4 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/278/2015
            IN THE GOODS OF: LACHMAN DAS CHOTMURADA
                           (ARORA), @ LACHHMAN
                                         VS
                 DAS ARORA (CHOTMURADA), DECEASED


For the Petitioner                :      Mr. Abhidipto Tarafder, Adv.
                                         Mr. Aniruddh Saha Ray, Adv.
                                         Ms. Jayshree Saha, Adv.


Hearing concluded on              :      04/08/2025

Judgment on                       :      04/08/2025


Sugato Majumdar, J.:

Heard argument.

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

deceased Lachmandas Chotmurada (Arora) also known as Lachhmandas Arora

(Chotmurada).

The Testator, since deceased, breathed his last on 02/08/2013 at Bellevue

Clinic, Kolkata-700017. He had his residence at P-18, Dobson Lane, Clarkinn, 6th

Floor, Police Station-Golabari, Howrah-711101. Prior to his death, he executed his

last will and testament dated 31/01/2013 which was registered in the office of the

District Sub-Registrar of Howrah in Book No. III C.D. Volume No.1, Page 77 to 86,

Being No. 00010 for the year 2013. By this will, the Testator cancelled his two earlier

wills dated 23/09/2011 and 12/09/2012. The present petitioner was appointed the

executor of the will.

Citations, both general and special, were issued but there was no caveat.

Probate proceeding became un-contentious, accordingly.

The attesting witness identified the will as well as the signature of the

Testator. He stated that the Testator executed the will in presence of the Advocates

and the attesting witnesses. This attesting witness, being an employee, was

acquainted with the signature of the Testator and used to see the Testator to sign

many times. The attesting witness also deposed that the Testator was physically fit

and mentally alert and used to go outside at the time when the will was executed. He

further stated that the Testator and attesting witnesses put signature in presence of

each other. The Executor produced the death certificate which was adduced in

evidence and marked. The witnesses also deposed that this is the last will and

testament of the Testator.

On appreciation of evidence due execution of the last will and testament of the

Testator dated 31st January, 2013 in terms of Section 63 of the Indian Succession Act,

1925 is proved.

Let the probate be granted. Inventory and accounts shall be filed within six

months from the date of issue of probate.

The instant probate application stands disposed of.

(Sugato Majumdar, J.)