Mr. Udaynarayan Betal vs Santosh Kumari Mahendra Kumar Sadh & ...
2025 Latest Caselaw 1655 Cal/2

Calcutta High Court

Mr. Udaynarayan Betal vs Santosh Kumari Mahendra Kumar Sadh & ... on 22 May, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-3                        ORDER SHEET

                             PLA 373 of 2021

                 IN THE HIGH COURT AT CALCUTTA
             TESTAMENTARY & INTESTATE JURISDICTION


                    IN THE GOODS OF :
 MANADATH MOHAMED IBRAHIM KUTTY ALIAS M M IBRAHIM KUTTY,
                       DECEASED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 22nd May, 2025

Mr. Udaynarayan Betal, Adv. for the petitioner.

The Court : Probate is sought for in respect of a Mahomedan Will

in this application. The point which initially fell for consideration and

argued by the propounder is whether a Mahomedan can bequeath the

entire estate by executing a Will since it was the contention of the

petitioner that the subject Will is a limited bequeath.

While going into the matter further for the purpose of grant of

probate it has come to the notice of this Court in view of the ratio laid

down in the judgment of the Division Bench reported in AIR 2012

Calcutta 7 [In the Goods of : Pandraj Kunjilal Sadh (deceased) And Raj

Kumar Sadh Vs. Santosh Kumari Mahendra Kumar Sadh & Ors.) whether

this Court is exercising its original jurisdiction as the High Court or the

concurrent jurisdiction under Section 300 of the Indian Succession Act,

1925.

On behalf of the propounder it is submitted that a date may be

fixed to permit him to answer to this query.

Let this matter appear on 26th June, 2025 as 'For Orders'.

(ARINDAM MUKHERJEE, J.)

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