Calcutta High Court
Nanda Rani Debi Nanda Rani ... vs Unknown on 7 July, 2025
Author: Sugato Majumdar
Bench: Sugato Majumdar
2025:CHC-OS:106
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
ORIGINAL SIDE
Present:
The Hon'ble Justice Sugato Majumdar
TS/13/2015
IN THE GOODS OF:
NANDA RANI DEBI NANDA RANI BHATTACHARJEE
For the Plaintiff : Ms. Sulagna Mukherjee, Adv.
Ms. Sujatna Mukherjee, Adv.
Hearing concluded on : 01/07/2025
Judgment on : 07/07/2025
Sugato Majumdar, J.:
This is an application praying for grant of probate of the last will and
testament of the deceased Nanda Rani Debi alias Nanda Rani Bhattacharjee, the
Testatrix herein.
The Testatrix was a Hindu, governed by the Dayabhaga School of Law, and
breathed her last on 21/03/2011 at Kalna Sub-Divisional Hospital, District-Purba
Burdwan. Her last place of abode was Village-Kalna Kansari Para, Post Office &
Police Station-Kalna, Distrtict-Burdwan. Prior to her death, the deceased/Testatrix
executed her last will and testament on 24/02/2000. The will was executed in
Bengali language and attested by two witnesses. The will was registered. After her
death the original will was not traceable. Since, the will was registered, a certified
copy of this will was obtained from the concerned office of the Sub-Registrar and was
placed before this Court along with the probate application.
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General and special citations were issued. Caveat was filed on behalf of Smt.
Nilima Ghosal through her constituted attorney. Affidavit in support of caveat had
also been filed. Since the probate proceeding became contentious, it was converted
into a contentious cause and renumbered.
It is stated in the Affidavit support in the caveat that the Testatrix had two
daughters, younger being the Caveatrix. The Caveatrix used to live with her mother
and used to take care of her. Since the Testatrix had no money, the Caveatrix had to
purchase a property at Kalna on 5th December, 1995 out of her own fund. The
Caveatrix and the Testatrix lived in joint mess. All expenses of the Testatrix
including food and medical expenses were borne by the Caveatrix. Nitish Kumar
Roy one of the consentee of the application is a mentally handicapped person.
According to the Caveatrix ruled out execution as well as registration of the will.
According to the Caveatrix, the will is a forged and manufactured document.
At subsequent stage, the Caveatrix did not appear to adduce any evidence.
PW 1 is the Executor appointed under the will and he produced the death
certificate in original which was marked. According to him, the original will could
not be traced as a result of which certified copy of the will was obtained from the
office of the concerned Sub-Registrar. PW 2 is the attesting witness who proved due
execution of the will. He stated that Testatrix was physically fit and mentally alert at
the time of execution of the will. She was 70 years old at the time of the execution of
the will and went to the residence of the learned lawyer to execute the will. Since the
Caveatrix did not contest the matter in the subsequent stages the witnesses were not
cross-examined and testimonies remain unchallenged.
Testimony of the attesting witness in PW 2 did not raise any suspicion
surrounding the execution of the will. In fact, there was no plea in the written
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statement that the execution of the will was surrounded by suspicious circumstances.
More so, the will was registered one.
The Caveatrix raised the plea as defence that the will is forged as well as
manufactured one. Burden of proof lies on her to prove the contention. Since no
evidence was adduced by the Caveatrix allegations of forgery and manufacturing was
not proved.
On appreciation of evidence, this Court is of opinion that due execution of the
will by the Testatrix under Section 63 of the Indian Succession Act, 1925 has been
proved.
The Original will is lost. Section 237 is, therefore, relevant to consider.
Section 237 states that,
"237. Probate of copy or draft of lost will.--When a
will has been lost or mislaid since the testator's death, or
has been destroyed by wrong or accident and not by any
act of the testator, and a copy or the draft of the will has
been preserved, probate may be granted of such copy or
draft, limited until the original or a properly authenticated
copy of it is produced."
Since the execution of the will is duly proved and authenticated/certified copy
of the will is produced, let the probate of the last will and testament of the
Testatrix Nanda Rani Debi alias Nanda Rani Bhattacharjee dated
24/02/2000 (11 Falgun 1406 BS) be granted for a limited period till the
original is found.
Department is directed to do the needful.
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Inventory and account shall be submitted within the statutory period.
The instant Testamentary Suit stands disposed of accordingly.
(Sugato Majumdar, J.)
