AMULYA KUMAR GANGULY Vs. SAMAR GANGULY
LAWS(CAL)-2019-7-116
HIGH COURT OF CALCUTTA
Decided on July 19,2019

Amulya Kumar Ganguly Appellant
VERSUS
Samar Ganguly Respondents

JUDGEMENT

Sahidullah Munshi, J. - (1.) The instant Testamentary Suit is for grant of Letters of Administration together with copy of the Will annexed made and published by Amulya Kumar Ganguly on 4th January, 2002. The plaintiff's father namely Swaraj Saha, is the named executor of the Will dated 4th January, 2002, after having survived the testator filed application for grant of probate which was registered as P.L.A. No. 191 of 2016. The testator died leaving behind him surviving (a) Sandhya Banerjee (nee Ganguly), elder daughter; (b) Sipra Saha (nee Ganguly), younger daughter of the testator died on 29th January, 2011; (c) Samar Ganguly, elder son and Subhas Ganguly, younger son of the testator. Swaraj Saha, the executor died intestate on 28th December, 2016 after filing the application for grant of probate and he left behind him surviving the following persons as his only heirs and legal representatives: (a) Sipra Saha (nee Ganguly) (wife of said Swaraj Saha, pre-deceased him on 29th January, 2011; (b) Arpita Roy (nee Saha) (elder daughter) and (c) Samarpita Saha (younger daughter).
(2.) On the death of the executor, Swaraj Saha, both his daughters namely Arpita Roy and Samarpita Saha filed application being G.A. No. 518 of 2017 for substituting their names as the heirs and/or successors of the said executor in place and stead of the said Swaraj Saha and prayed for converting the application for grant of probate into a Letters of Administration along with the copy of the Will annexed to the said Letters of Administration and for other reliefs.
(3.) By an order dated 24th February, 2017 death of the sole executor Swaraj Saha was recorded and the plaintiffs were permitted to continue with the proceedings by treating the same as an application for grant of Letters of Administration along with the copy of the Will annexed. By a subsequent order dated 21st April, 2017 passed by this Court general and special citations were issued. Samar Ganguly and Sandhya Banerjee filed their affidavit in support of caveat. No caveat was lodged by the other legal heir, namely, Subhas Ganguly. The matter was treated to be a contentious cause and after completion of discovery and inspection of the documents, judges brief of documents were filed and pursuant thereto an order was passed on 6th August, 2018 stating the following issues: 1. Did Tapan Guha Roy witness execution of the Last Will and Teatament made and published by the deceased, Amulya Kumar Ganguly? 2. Did Amulya Kumar Ganguly make and publish his Last Will and Testament by putting his signature thereon in presence of the two attesting witness? 3. To what reliefs are the plaintiffs entitled to?;


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