PLA/244/2025 of IN THE GOODS OF - SANJOY CHOUDHURY (DEC.) Vs NA on 13 October 2026

OD-7 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/244/2025 IN THE GOODS OF – SANJOY CHOUDHURY (DEC.) BEFORE: The Hon’ble JUSTICE PARTHA SARATHI CHATTERJEE Date: 13th October, 2026. Appearance: Mr. Rabindra Kumar Mitra, Adv. Mr. S. Kr. Pathak, Adv. Mr. S. Majumder, Adv. Ms. S. Chakraborty, Adv. …for the petitioner. The Court :- This is an application for grant of probate of the last Will and testament of Sanjoy Choudhury, since deceased, dated 8th April, 2022. In compliance with the directions passed by a Co-ordinate Bench of this Court, both the general and special citations have been completed. However, none has appeared or filed any caveat. Mr. Rabindra Kumar Mitra, learned Advocate appearing for the petitioner, submits that the testator died leaving behind him no legal heirs and, by executing the Will, bequeathed the property in favour of his niece, namely, Annanya Sarkar Dey. Ms. Dey was named as the executrix in the Will. He further submits that the petitioner has complied with all requisite formalities and that the attesting witness has, by filing an affidavit, proved the execution and attestation of the Will. He, accordingly, prays for grant of probate of the last Will and Testament of the testator. Heard learned Advocate appearing for the petitioner and perused the materials on record, including the copy of the Will, the death certificate of the testator and the affidavit of the attesting witness.

2 In the application, the petitioner has averred that the document in question is the last Will and Testament of the testator and has disclosed the date of execution of the Will. The petitioner has also stated that the testator had a fixed place of abode at the time of him death within the territorial jurisdiction of this Court. The affidavit of assets specifies the value of the property likely to come to the hands of the petitioner upon the grant of probate. The attesting witness has, in his affidavit, specifically deposed that he had seen the testator affix his signature to the Will and that the testator had, in turn, seen the witness affix his signature thereto. He has further deposed that the testator was in a sound and disposing state of mind at the time of execution of the Will. The petitioner has, therefore, complied with the requisite formalities prescribed under Section 276 of the Indian Succession Act, 1925, and duly proved the execution and attestation of the Will. Accordingly, there appears to be no impediment to the grant of probate. In view thereof, the application is allowed. Let probate of the last Will and Testament of Sanjoy Choudhury (since deceased, be granted upon completion of all requisite formalities and payment of the requisite ad valorem court fees, if not already paid. PLA/244/2025 is thus disposed of. (PARTHA SARATHI CHATTERJEE, J.) SK