In The Goods Of: Satya Prasanna Khan (Dec) Vs

Sugato Majumdar, J

This is an application praying for grant of probate of the last will and testament dated 21/01/2004 of late Satya Prasanna Khan.

Late Satya Prasanna Khan, the Testator herein, was a Hindu. His last place of abode was at P.O. & P.S. – Amta, Dist- Howrah, West Bengal. He breathed his last on 24/04/2004 at Mohan Clinic, 46, Lake Temple Road, Kolkata-700029. Prior to his death, the Testator executed his last will and testament on 21st January, 2004, appointing the Petitioner as a sole executor. The will was typed in Bengali language.

On death of the Testator, the executor filed the instant application along with a copy of death certificate, the original will, affidavit of the attesting witness and affidavit of assets.

General and special citations were issued. No caveat was filed.

The Petitioner/Executor examined himself and also examined an attesting witness. The attesting witness PW 1 was a caretaker in the house of the Testator. He is well-acquainted with the signatures of the Testator, as he deposed. He identified the signature of the Testator as well as of himself. He stated that the will was executed in his presence. Another attesting witness was a compounder, stationed in the locality. He identified that signature also. He also identified the signature of the first attesting witness who was the wife of the Testator. PW 1 is the second attesting witness. The testimony of PW 1, which is unchallenged clearly established, that will was executed in presence of the attesting witness who put his signature along with the first attesting witness, namely, the wife of the Testator in presence of each other. He further stated that at the time of execution of the will, the Testator could move and walk; he was of sound health and he used to go to market himself. He further explained that he met with an accident while returning from the market one day and got a hip joint injury. The hip joint was broken leading to his death.

The beneficiary of the will is the present executor being the only son of the Testator. The will was also executed in presence of the wife of the Testator. There is no unnatural bequest the will was executed in presence of the family member and those closely associated with the family. Conspectus of fact clearly rules out any foul play or existence of suspicious circumstance.

On appreciation of evidence, it is inevitable conclusion of this Court that the propounder of the will as proved execution and attestation of the will in accordance with Section 63(c) of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act, 1872. Therefore, the Petitioner is entitled to grant of probate.

It is ordered, therefore, that probate of the last will and testament of late Satya Prasanna Khan, dated 21/01/2004 be granted.

Department shall do the needful. Accounts and inventory shall be filed within six months from the date of grant of probate. The instant application stands disposed of.