Aloka Hazra vs Unknown
2026 Latest Caselaw 643 Cal/2

Calcutta High Court

Aloka Hazra vs Unknown on 6 February, 2026

Author: Sugato Majumdar

Bench: Sugato Majumdar

                                                                             2022:CHC-OS:5893

OD 20
                     IN THE HIGH COURT AT CALCUTTA
                TESTAMENTARY & INTESTATE JURISDICTION
                              ORIGINAL SIDE
                            IA NO. GA/1/2025
                             In PLA/207/2021

                             IN THE GOODS OF:
                          ALOKA HAZRA, DECEASED

BEFORE:
The Hon'ble JUSTICE SUGATO MAJUMDAR
Date:6th February, 2026
                                                        Appearance:
                                                 Mr. Arindam Banerjee, Sr. Adv.
                                                  Mr. Ashis Kr. Mukherjee, Adv.
                                                   Mr. Akansha Mukherjee, Adv
                                                     . Mr. Sourabh Prasad, Adv.
                                                             ...for the petitioner


      The Court:- In terms of the Order dated 28th July, 2022, this Court noted

that postal article was delivered on the addressee on 12th December, 2025 at

recorded residence and today was fixed for his appearance. None appears for

the grantee of the Letter of Administration.

      GA No. 1 of 2025 is filed praying for revocation of grant of Letter of

Administration under Section 263 of the Indian Succession Act. The Petitioner

is the daughter of the Testatrix. It is alleged that the Executor appointed under

the Will, Pradip Kumar Sahani did not have any notice or knowledge of the

probate proceeding at all. It is further pleaded that at one point of time the

present Petitioner being the wife of the Executor had been residing in the

address which was mentioned in the application for grant of Letter of

Administration. But since the end of the year 2021 she has left that address
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                                                                                 2022:CHC-OS:5893



and has been residing in the other address. Copy of Aadhar Card, electricity

bill as well as election identity card of the Petitioner are annexed herewith.

            None appears for the applicant for the Letter of Administration.

            The Petitioner who applied for grant of Letter of Administration and the

Respondent herein is not the Executor appointed under the Will. There is a

prescribed procedure under the Indian Succession Act, 1925 when the named

Executor failed to apply for grant of Probate for Letter of Administration.

Firstly, in spite of appointment of an Executor under the Will another person

obtained letter of administration without complying with the statutory

provisions. Secondly, citation was not served on the Petitioner herein.

On hearing the learned Counsel for the Petitioner, this Court is of the

opinion that this is a fit case where grant of Letter of Administration shall be

revoked. Accordingly, grant of Letter of Administration dated 28th July, 2022 of

the last Will and Testament of the deceased, namely Aloka Hazra (Will bearing

the date, 14th February, 1995) is revoked hereby.

The instant application, namely GA 1 of 2025 stands disposed of

accordingly. Let there be public notification of revocation by way of paper

publication.

(SUGATO MAJUMDAR, J.)

s.chandra