Bimal Kumar Ganguly (Dec) vs Unknown
2025 Latest Caselaw 801 Cal/2

Calcutta High Court

Bimal Kumar Ganguly (Dec) vs Unknown 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/32/2020
           IN THE GOODS OF BIMAL KUMAR GANGULY (DEC)


For the Petitioner                :      Mr. Udaynarayan Betal, Adv.
                                         Mr. Mriganka Patra, Adv.


Hearing concluded on               :     04/08/2025

Judgment on                        :     04/08/2025


Sugato Majumdar, J.:

Heard argument.

This is the last will and testament of late Bimal Kumar Ganguly, breathed his

last on 10/12/2018. The last known abode of the Testator was BE-118, Salt Lake City,

Sector-I, P.S.-Bidhannagar (North), Kolkata-700064. Prior to his death, the Testator

executed his last will and testament dated 11/05/2015, appointing the present

Petitioner being widow of one his pre-deceased Son, namely, Dr. Biswajit Ganguly as

the executrix. The Testatrix was a Hindu.

Citations were issued but there was no caveat, for which, the probate

proceeding became un-contentious.

Both the Executor and the attesting witness were examined. P.W. 2 the

attesting witness stated that will was executed by the Testator in his presence and put

his signature as an attesting witness in the will in presence of the Testator. At the

time of execution of the will, the Testator himself P.W. 2, the wife of the Testator, the

other attesting witness and one Advocate were present. He further stated that other

attesting witness expired earlier. The Testator was physically fit and mentally alert,

commensurate to his age; he used to go to bank for banking purpose. Since the

attesting witness was employed in the bank, he was acquainted with the Testator in

that connection. The executrix produced the death certificate.

Evidence of the attesting witness as well as the executrix established that the

will was executed 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.)