In The Goods Of vs Pritikana Mitra (Dec)

Shivakant Prasad, J

The Court:- In this testamentary application the petitioner/propounder has prayed for grant of probate with copy of the Will dated 20th November, 2007 of the deceased, annexed in respect of all the properties and credits of the deceased to be granted to the petitioner as the sole executor named in the Will without furnishing security. Pritikana Mitra, the deceased testatrix before her demise published her last Will and Testament on 20th November, 2007 in respect of a limited properties situated in the State of West Bengal, wherein she appointed the petitioner namely Santanu Kumar Mitra, her younger son as sole executor of her last Will and Testament. Testatrix died on 11th October, 2009, which is evident from the certificate of death issued by Registrar, Birth and Death, Bidhan Nagar Municipality. The deceased died leaving behind properties within and outside the Testamentary Jurisdiction of this Court and left behind her two sons and one daughter. The husband of the testatrix Amal Kumar Mitra, predeceased her as he had died on 21st March, 2006, as per the certificate marked by the letter "C". The petitioner being the youngest son in the list of legal heirs has filed this instant application for grant of probate of last Will and Testament as the executor. The elder son Sri Atanu Kumar Mitra has consented to the grant of probate to be issued in favour of the petitioner in respect of the properties left behind by the deceased, which is reflected from an affidavit affirmed upon on consent by Sri Atanu Kumar Mitra on 1st August, 2013. The only caveat which finds place in this case is by the daughter of the testatrix who filed written statement, but has not contested the probate proceeding. The Will has been duly proved as per the requirement under Section 63(C) of the Indian Succession Act, 1925 and under Section 68 of the Evidence Act.

One of the attesting witnesses namely Ranjit Mitra, who was aquainted with the deceased Pritikana Mitra, testatrix has deposed and has proved the Will as Ext. "A" proving the fact that said testatrix put her signature on all places of the Will and identified her signature, as having been signed in her presence and ascribed his signature in her presence.

On hearing the learned Advocate for the petitioner/propounder and apprising the documentary as well as oral testimony of Ranjit Mitra, one of the attesting witnesses I find that there is no legal impediment in granting the probate with a Will annexed.

Let a certificate of probate be issued with the Will dated 20th November, 2007 and granted to the petitioner being the sole executor named in the Will upon compliance of all legal formalities.