Calcutta High Court
PLA/408/2025 of IN THE GOODS OF SRI NIRMAL GOPAL KUNDU, DECEASED Vs N.A. on 8 October 2026
HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/408/2025 IN THE GOODS OF : SRI NIRMAL GOPAL KUNDU, DECEASED BEFORE: The Hon’ble JUSTICE PARTHA SARATHI CHATTERJEE Date: 8th October, 2026. Appearance: Ms. M. Chowdhury, Adv. Mr. Protysh Chatterjee, Adv. Mr. Asok
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OD-9
IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE
PLA/408/2025
IN THE GOODS OF: SRI NIRMAL GOPAL KUNDU, DECEASED
BEFORE: The Hon’ble JUSTICE PARTHA SARATHI CHATTERJEE Date: 8th October, 2026. Appearance: Ms. M. Chowdhury, Adv. Mr. Protysh Chatterjee, Adv. Mr. Asok Kumar Ghosh, Adv.
The Court :- This application has been presented for grant of probate of the last Will and Testament dated 3rd July, 2019 of Sri Nirmal Gopal Kundu, since deceased. Ms. Chowdhury, learned Advocate appearing for the petitioners, submits that Sudip Kundu, one of the legal heirs, has filed an affidavit expressing his no objection to the grant of probate. She further submits that the affidavits of the attesting witnesses have also been filed. According to her, the petitioners have duly complied with the requisite formalities and established the due execution and attestation of the Will. She, accordingly, prays for the grant of probate in respect of the said Will. The application discloses the date of death of the testator and contains a statement that, at the time of his death, he had a fixed place of abode within the territorial jurisdiction of this Court. The affidavit of assets also specifies the value of the property likely to come to the hands of the executor upon the grant of probate. The petitioner has, therefore, duly complied with the formal requirements prescribed under Section 276 of the Indian Succession Act, 1925. The affidavits filed by the attesting witnesses specifically aver that the testator had seen the witnesses affix their signatures to the Will and that the witnesses had, in turn,
2 seen the testator affix her signature thereto. The attesting witness has further deposed that, at the time of execution of the Will, the testator was in a sound and disposing state of mind. In view of the aforesaid materials on record, this Court is satisfied that the petitioner has duly proved the execution and attestation of the Will. There appears to be no impediment to the grant of probate. Accordingly, the prayer of the petitioner is allowed, and probate of the last Will and Testament of the testator is granted. In view thereof, the application is allowed. Let probate be granted of the last will and testament of dated 3rd July, 2019 of Sri Nirmal Gopal Kundu, since deceased upon payment of ad valorem Court fees, if not already paid. PLA/408/2025 is thus disposed of.
(PARTHA SARATHI CHATTERJEE, J.)
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