In The Goods Of Mina Bose (Dec.) Vs

This is an application by the petitioner for Letters of Administration in respect of a Will of Mina Bose, deceased, who is the maternal aunt of the

petitioner. The prayers in the application are for permitting the petitioner to open a safe custody locker in the Bank of India, Ballygunge Circular Road

Branch and for making an inventory of the contents of the locker. The locker belonged to the testatrix and features in her Will.

Learned Counsel appearing for the petitioner also prays that a general Citation be issued to the petitioner.

Learned Counsel submits that the petitioner and her mother Lena Ghosh are the beneficiaries in Will of the deceased which is dated 4th January,

2019. Mina Bose died on 16th May, 2020. The petitioner’s mother Lena Ghosh and the brother of the deceased, Shantonu Basu, are the only

surviving heirs of the deceased. The brother of the deceased died on 8th May, 2021.

Counsel places the relevant portions of the Will of Mina Bose which shows that the brother of the deceased and one Syamalendu Bhattacharya were

appointed as joint executors of the Will. Counsel submits that both the executors refused to act and renounced their executorships. The Will mentions

a jewelry/locker no. D-34 held by the deceased at Bank of India, Ballygunge Circular Road, Kolkata-700019 jointly with Lena Ghosh and the

petitioner. The Will further directs that Lena Ghosh and the petitioner to open the jewelry locker and the petitioner to do the same in the absence of

Lena Ghosh. The Will further directs that all the jewelry in the locker including the jewelry kept at the residence of the deceased should be distributed

by Lena Ghosh and in her absence, by the petitioner, according to the wishes of Mina Bose as per a list prepared and signed by the deceased which is

available inside the bank locker. It is further mentioned that a copy of the list is also kept in the locker of the almirah in the bedroom of the deceased.

Counsel submits that since there no other heirs of the deceased remain, there cannot be any objection to the prayers made in the present application.

Counsel submits that leave be given to the petitioner to open the said jewelry locker and make an inventory of the contents therein which will

thereafter being included in the affidavit of assets to be prepared by the petitioner. Counsel submits that maximum Court fees have already been paid

by the petitioner and that the petitioner undertakes to pay further Courts fees, if required.

The facts urged by learned Counsel establish that no other heirs of the deceased are presently living and that the petitioner and her mother, Lena

Ghosh, are the beneficiaries named in the Will of the deceased. In that vein of the matter, the prayers in the application can be allowed.

The petitioner is accordingly granted leave to open the safe custody locker no. D-34 in the Bank of India, Ballygunge Circular Road Branch, Kolkata-

700019 and make an inventory of the contents in the said locker. The bank locker shall be opened by the petitioner in the presence of a Special

Officer who shall be the Advocate-on-record of the petitioner. The petitioner shall make an inventory of the contents of the locker and file a report of

the inventory taken before this Court within a week from making the inspection of the locker. Since the petitioner resides in Thane, Maharashtra, the

petitioner will be at liberty to open and inspect the locker within four weeks from date. The petitioner is also directed to file a copy of the list which is

mentioned in page 14 of the application (and is part of the Will) which has been mentioned in connection with distribution of the jewelry items of the

locker. The branch manager of the Bank of India of the concerned branch of Bank of India is requested to cooperate with the petitioner at the time of

opening of the locker and taking inspection thereof.

There shall also be an order in terms of prayer (d) of the application. General Citation be issued for affixing a copy at the notice board of this Court

and at the Collectorate at Calcutta. Since there are no other heirs of the deceased, issuance of a special Citation be dispensed with on the specific

submission of Counsel appearing for the petitioner that consent affidavits have been filed by the known intestate heirs of the testatrix both of which

have been affirmed on 17th March, 2021.

GA/1/2021 is disposed of in terms of the above.