Amitava Bose vs Unknown
2026 Latest Caselaw 993 Cal/2

Calcutta High Court

Amitava Bose vs Unknown on 16 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-12                                            ORDER SHEET



                IN THE HIGH COURT AT CALCUTTA
           TESTAMENTARY AND INTESTATE JURISDICTION



                         IA NO. GA/2/2026
                                 IN
                           PLA/412/2025

                         IN THE GOODS OF:
                     AMITAVA BOSE, DECEASED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 16th February, 2026 Appearance:

Mr. Subhankar Chakraborty, Adv.

Mr. Saptarshi Bhattacharjee, Adv.

Ms. Sayani Gupta, Adv.

. . .For petitioners Mr. Paritosh Sinha, Adv.

Mr. Ritoban Sarkar, Adv.

Mr. Joydeep Roy, Adv.

Miss Akshita Singh, Adv.

. . .For HDFC Bank Ltd.

Mr. Samriddha Sen, Adv.

Mr. Barnik Ghosh, Adv.

. . .For Ashoke Kr. Bose.

The Court : This is an application for amendment of the affidavit

of assets filed in this proceedings for issuance of letters of

administration in respect of the estate left behind by Amitava Bose,

the deceased.

The applicants are respectively the daughter and the widow. The

applicants seek to amend the affidavit of assets by providing the

correct value and description. The brother of the deceased, namely,

Ashoke Kumar Bose appears through Advocates and seeks for service

of a copy of the application. Ashoke Kumar Bose, being the brother of

the deceased qualifies as a Class II heir under the provisions of

Section 8 of the Hindu Succession Act, 1956 read with the first

schedule thereto. Since the widow and the daughter of the deceased

are present who qualifies as the Class I heirs, the brother will not

have any say in the administration of the estate which involves only

the estate of the deceased.

The grievance of the brother is otherwise. It is submitted that

there are certain undivided joint properties, the administration

whereof concerns the brother.

On a perusal of the affidavit of assets it appears that there are

two joint properties, one being undivided half share in an unit situate

at ground floor on 5/1, Raja S. C. Mullick Road, Kolkata - 700 032

and the other is half share of premises no.13, North Road, Jadavpur,

Kolkata - 700 032. In a proceedings for letters of Administration, the

right, title and interest of and in respect of an immovable property is

not decided, the testamentary capacity, genuineness of the Will etc.

falls for consideration. The administration is only to the estate of the

deceased which obviously excludes the portion of his brother.

In the aforesaid facts and circumstances, the brother does not

have a say at this stage. However, in course of administration if there

is any infringement of his right, the brother, namely, Ashoke Kumar

Bose may approach the Court in accordance with law, as may be

advised.

The amendment showed in red ink in a copy of the affidavit of

assets annexed to this application, however, does not clarify the

description in respect of one immovable property situate at 5/1, Raja

S. C. Mullick Road, Kolkata - 700 032. The applicants are permitted

to file a supplementary affidavit by showing therein the proposed

amendment in a correct and proper form marked with red ink by 2nd

March, 2026.

Let this matter appear on 5th March, 2026.

(ARINDAM MUKHERJEE, J.)

pa