Honble Justice Amarabha Sengupta Retd ... vs Unknown
2025 Latest Caselaw 291 Cal/2

Calcutta High Court

Honble Justice Amarabha Sengupta Retd ... vs Unknown on 7 July, 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/289/2022

                               IN THE GOODS OF:
         HONBLE JUSTICE AMARABHA SENGUPTA RETD (DEC)


For the Petitioner                :      Mr. Pourush Bandopadhyay, Adv.
                                         Mr. Dipankar Das, Adv.


Hearing concluded on               :     01/07/2025

Judgment on                        :     07/07/2025


Sugato Majumdar, J.:

The instant application is filed, praying for grant of probate of the last will and

testament of the deceased Amarabha Sengupta.

The Testator was a Hindu governed by Dayabhaga School of Hindu Law and

had fixed place of abode at BJ-404, Sector-II, Salt Lake City, Police Station-

Bidhannagar (East), Kolkata-700091, District-North 24 Parganas. Prior to his death

on 05/04/2020, the deceased executed his last will and testament on 06/11/2018.

On his death, the executor appointed under the will applied for grant of probate.

Citations were issued; no caveat was lodged. The attesting witnesses

examined themselves before this Court proving execution of the will.

The will is a hologram. It was handwritten by the Testator. Effect of age is

manifest in handwriting though retained the firmness. This proves naturalness of

the will. The Testator was a retired Judge of this Court. He died bachelor. His

nephew and the nephew's wife were the attesting witnesses and the beneficiary is the

daughter of the nephew. Both the attesting witnesses deposed that will was executed

in their presence and they also put their signatures before the Testator. The

Executrix is the sole beneficiary of the will. It was asserted by the attesting witnesses

that the Testator was physically fit and mentally alert at the time of execution of the

will. In fact, the hologram Will proves that more successfully.

In nutshell, due execution of the will has been proved.

Let probate be granted as prayed for.

Inventory and accounts shall be filed within statutory period. The instant

probate application stands disposed of.

(Sugato Majumdar, J.)