Bela Chowdhury vs Unknown
2026 Latest Caselaw 934 Cal/2

Calcutta High Court

Bela Chowdhury vs Unknown on 13 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

                                      1



OD-4                                                           ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
               TESTAMENTARY & INTESTATE JURISDICTION


                               PLA/320/2024

                          IN THE GOODS OF :
                     BELA CHOWDHURY, DECEASED



 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 13th February, 2026

Mr. Proshit Deb, Adv.

Ms. Ranjana Seal, Adv.

.. . for the petitioner.

The Court :- The Will dated 15th June, 2001 was directed to be proved

in solemn form despite there being no objection to the grant of letters of

administration with the will annexed as the two attesting witnesses have

passed away during the interregnum for which the Will could not be proved

in common form.

Ms. Mitali Gupta appeared to depose as the attending witness to

prove the will.

On a perusal of the deposition of the said witness it appears that the

Will was signed by the testatrix in the office of the registering authority at

Alipore wherein she was present. The attesting witnesses who are either

family friends or acquaintance of the testatrix were also present. The late

husband of the witness was also present. The signature was affixed by the

testatrix in the presence of the attesting witnesses and in front of Ms. Mitali

Gupta, the witness. The attesting witnesses signed in presence of the

testatrix as also in presence of the witness, Ms. Mitali Gupta. The Will being

a registered document was placed for registration by the testatrix herself.

The chain of events that the testatrix went to the office of the Registering

Authority, placed the documents for registration after executing the same

and getting it attested demonstrates that she was not physically or mentally

infirm on 15th June, 2001 when the said Will was executed. The deposition

of the witness, her relationship with the testatrix and the relationship

between the testatrix and the attesting witnesses do not give rise to any

suspicious circumstances. The Will dated 15 th June, 2001 is proved in

solemn form.

Let the letters of administration be granted to Sri Utsab Gupta who

has applied for the same with the Will annexed subject to furnishing a bond

of Rs.6 lakhs with one surety.

The application for letters of administration being PLA 320 of 2024 is,

accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

pa