MOUSHUMI BHATTACHARYA,J. - (1.) The Court: This is an application for modification of an order passed by a learned single Judge on 20th December, 2019. The applicant is the paternal uncle of the deceased one Mr. Partho De, who died intestate and was the owner of certain properties including one at 3, Rabinson Street, Kolkata, where the deceased was residing before he was shifted to Watgunge where he died on 21st February, 2017. The deceased left behind properties unadministered and without any immediate family members surviving the deceased.
(2.) The facts leading to filing of the present application should be stated in brief for clarifying this Court of the application and why it was necessary to be filed by the applicant.
(3.) The applicant claims to be the only legal heir of the deceased and applied for grant of Letters of Administration by proceedings being PLA No.24 of 2019 in respect of the unadministered properties of the deceased. An order dated 16th August, 2019 was passed in the probate proceedings granting Letters of Administration in favour of the applicant subject to the applicant furnishing a bond of Rs.1.6 crores together with two sureties. Since the applicant was not in a position to furnish a personal bond of Rs.1.6 crores together with two sureties as directed, the applicant applied for modification of the order dated 16th August, 2019. In the said application, the order dated 20th December, 2019 was passed by which the earlier order was modified to the extent of directing the applicant to furnish a personal bond of Rs.1.5 crores along with one surety of Rs.15 lakhs.;