IN THE GOODS OF SHRIMATI RAMA DATTA GUPTA (DEC) Vs. IN THE GOODS OF SHRIMATI RAMA DATTA GUPTA (DEC)

JUDGEMENT

(1.) This is an application for grant of probate of the last will and testament of late Rama Dutta Gupta. Rama Dutta Gupta, since deceased, the Testatrix herein, was a Hindu governed by Dayabhaga School of Law. Her last abode was at Cluster IX, E/8, SectorIII, Purbachal, Salt Lake City, Kolkata-700091. She expired on 03/07/2008. Prior to her death, the Testatrix herein, executed her last will and testament on 02/06/1995, in respect of property, mentioned in the will namely a piece and parcel of land measuring about 8.290 katha in No. N/2, Sector of Digha Development Scheme, Post office & Police Station-Digha, District- Midnapore. This property has been devised and bequeathed to the Petitioners, being the Executors of the will. The will was registered in the office of the District Registrar, Barasat for the District of North 24 Parganas. The will and the death certificate were annexed to the instant application.

(2.) The present Petitioners were appointed as Joint Executors of the will.

(3.) The husband of the Testatrix predeceased her. At the time of her death, she had two sons and two daughters as legal heirs and successors. After filing of the instant application citations were issued. No caveat was lodged on behalf of any person. Therefore, the probate proceeding remained uncontentious. The will was to be proved in solemn form, that is why this Court allowed the Petitioner to produce witnesses.