Calcutta High Court
PLA/167/2025 of IN THE GOODS OF - CHITTA PRASANNA ROY (DEC.) Vs NA on 24 September 2026
6 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/167/2025 IN THE GOODS OF – CHITTA PRASANNA ROY (DEC.) VS NA BEFORE : THE HON'BLE JUSTICE PARTHA SARATHI CHATTERJEE Date: 24th September, 2026 Appearance: Ms. Dipika Basu, Adv. Mr.
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OD – 6 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE
PLA/167/2025 IN THE GOODS OF – CHITTA PRASANNA ROY (DEC.) VS NA
BEFORE : THE HON'BLE JUSTICE PARTHA SARATHI CHATTERJEE Date: 24th September, 2026 Appearance: Ms. Dipika Basu, Adv. Mr. Subhadip Chakraborty, Adv. …for petitioner.
The Court: Ms. Basu appearing for the petitioner submits that the citation has been completed and the summon was served. However, despite receipt of summon, none of the legal heirs of the testator has come up and filed any caveat and/or written objection. She submits that in such conspectus, probate be granted in respect of the Will. Heard learned Advocate appearing for the petitioner and perused the materials of record. Record reveals that one Chitta Prasanna Roy executed his last Will and Testament on 6th May, 2019 bequeathing his property mentioned in the affidavit of assets. In the petition it had been mentioned that the writing is the last Will and Testament and the testator has his permanent place of residence which is within the territorial jurisdiction of this Court. In the petition the value of the estate detailed in the affidavit of assets which is likely to come at the hand of the executor in the event the probate is granted in respect of the subject Will as has been mentioned. In the affidavit of attesting witness it was clearly mentioned that the witness saw the testator to put his signature on the Will and testator also saw the witness to sign the will and the testator was in a sound and disposing state of mind at the time of execution of the Will. Therefore, the petitioner has complied with all the requirements of Section 276 of the Indian Succession Act, 1925 and the propounder has proved the due execution and attestation of the Will. Therefore, I do not find any impediment in accepting the petitioner’s prayer in respect of such Will and Testament of the testator died on 3rd July, 2022. Accordingly, PLA/167/2025 is allowed. Let the probate be granted in respect of such Will and Testament of the testator died on 3rd July, 2022 with the Will annexed thereto upon payment of ad valorem court fees, if not already paid.
In the affidavit of attesting witness it was clearly mentioned that the witness saw the testator to put his signature on the Will and the testator also saw the witness to sign the Will and the testator was in a sound and disposing state of mind at the time of execution of the Will. Therefore, the petitioner has complied with all the requirements of Section 276 of the Indian Succession Act, 1925 and the testator has proved the due execution and attestation of the Will.
(PARTHA SARATHI CHATTERJEE, J.) sd/