Calcutta High Court
PLA/587/2022 of IN THE GOODS OF NIMESH RATHI ALIAS NIMESH PUNAMCHAND RATHI (DEC) Vs NA on 8 October 2026
HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE PLA/587/2022 IN THE GOODS OF NIMESH RATHI ALIAS NIMESH PUNAMCHAND RATHI (DEC) BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 8th October, 2026. Appearance: Mr. Debdeep Sinha, Adv. …for the petitioner. The
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
OD-8 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE
PLA/587/2022
IN THE GOODS OF NIMESH RATHI ALIAS NIMESH PUNAMCHAND RATHI (DEC)
BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 8th October, 2026.
Appearance:
Mr. Debdeep Sinha, Adv. …for the petitioner.
The Court:- This is an application for grant of Probate of the last Will and Testament of the deceased, namely, Nimesh Rathi alias Nimesh Punamchand Rathi. The Testator had last place of abode at No.15, Noormal Lohia Lane, Kolkata 700007. The deceased also had a place of residence at “Rathi Bhawan”, 357-359, Rathi Bhavan, 4th Floor, Kalbadevi Road, Greater Mumbai, Maharashtra- 400002. He breathed his last on 22.06.2018. Prior to his death, he executed his last will and testament dated 20th February, 2018 appointing the present petitioner as the Executor. The Will bears signatures of the Testator. On death of the Testator, the instant petition was filed by the Executor praying for grant of Probate.
2 Citations had been issued by way of publications but no caveat was lodged, as a result of which the proceeding became a non-contentious cause. The Attesting Witnesses and the Executor examined themselves as witnesses. The Attesting Witnesses identified the signature of the Testator. It was also stated by the witness that the Testator was physically fit and mentally alert at the time of execution of the Will. Signatures were put on the Will in presence of the attesting witnesses. The Death Certificate was produced and marked. On appreciation of unchallenged testimony of the witness due execution of the will in terms of Section 63 of the Indian Succession Act, 1925, has been established, warranting grant of probate. Let Probate be granted. Inventory and accounts shall be filed within statutory period from the date of issuing of probate. The instant application stands disposed of.
(SUGATO MAJUMDAR, J.)
D.Ghosh. A.R.(C.R.)