Ratan Mala Saha Deceased vs Unknown
2026 Latest Caselaw 1481 Cal/2

Calcutta High Court

Ratan Mala Saha Deceased vs Unknown on 26 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-5                                                       ORDER SHEET


                    IN THE HIGH COURT AT CALCUTTA
               TESTAMENTARY AND INTESTATE JURISDICTION
                             ORIGINAL SIDE

                              IA NO. GA/1/2025
                                      In
                                 PLA/47/2024
                              IN THE GOODS OF
                         RATAN MALA SAHA DECEASED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 26th February, 2026.

Appearance:

Mr. Tapas Kumar Manna, Adv.

Ms. Anindita Majumder, Adv.

For applicant/petitioner

The Court: Affidavit affirmed by the executor on 24 th February, 2026 is

taken on record.

On a perusal of the said affidavit, it appears that both the caveatrix have

died. So far as the death of Purnima Saha is concerned, the same has taken

place prior to 23rd December, 2025 when the last order was passed and such

fact is, in fact, recorded in the said order dated 23 rd December, 2025.

It is the case of the executor/applicant that the other objector, namely,

Sananda Tarafdar has died on 17th September, 2025 which has come to the

knowledge of the applicant while steps were taken to serve her in terms of the order dated 23rd December, 2025.

In an application for grant of probate if the grant is refused the property

will devolve upon his/her heirs/heiresses-in-intestacy. The two caveatrix,

therefore, would get a share in the estate if the Will fails and the grant is

refused. On the death of such heirs-in-intestacy their legal heirs will become

entitled to object to the grant.

In the aforesaid facts and circumstances, the petitioner shall ascertain

the legal heirs/heiresses of Purnima Saha and Sananda Tarafdar and place the

same before this Court by seeking amendment to the application for grant of

probate. The legal heirs/heiress of Purnima Saha and Sananda Tarafdar if does

not consent to the grant shall be entitled to citation. This matter is, therefore,

adjourned and shall appear in the monthly list of April, 2026.

(ARINDAM MUKHERJEE, J.)

Sb/