The central legal point established in the judgment is the application of the provisions of the Hindu Succession Act, 1956, specifically Sections 232, 233, and 234, in allowing the conversion of the probate proceeding into one under Letter of Administration and the substitution of the names of the legal heirs.

1. This is an application filed by Jadunath Barick and four others praying for an order converting Testamentary Suit No. 108 of 1985 into a proceeding for grant of Letter of Administration and thereafter to grant Letter of Administration in respect of last Will and Testament dated 22nd May, 1970 of Purna Chandra Barick in favour of the petitioner in connection with the whole estate of the deceased throughout the State of West Bengal.

2. One, Purna Chandra Barick, since deceased, a Hindu, governed by Dayabhaga School of Hindu Law, executed and published his last Will and Testament in English language and character on 22nd May, 1970. The said Purna Chandra Barick died testate on 27th May, 1970 at premises no.150B, Acharya Prafulla Chandra Road, within the Municipal town of Calcutta and within the ordinary civil jurisdiction of this Hon’ble Court. Under the aforesaid last Will and Testament the deceased appointed Smt. Sarala Bala Barick, widow of his predeceased son, Manmotho Nath Barick and the predecessor-in-interest of the petitioners herein, namely, Netai Chandra Barick, being the only surviving son of his pre-deceased son, Manmotho Nath Barick, as executrix and executor respectively. The said Will was registered on 22nd May, 1970 itself at the Calcutta Registry Office. The said Will dated 22nd May, 1970 in original has been annexed to the application for grant of probate and was filed by Netai Chandra Barick, since deceased, being the executor singly as the other person being the executrix of the Will, namely, Smt. Sarala Bala Barick, had declined to join him in the application for grant of probate meaning thereby she refused to give consent to the grant of probate of the Will of deceased Purna Chandra Barick. The probate application was registered as P.L.A. 108 of 1985 which inadvertently misdescribed as Testamentary Suit No.108 of 1985. However, by virtue of an order passed by this Court on 13th September, 2017 the said error was rectified and P.L.A. 108 of 1985 was registered by the Department as T.S. No.17 of 2017.

3. The executrix, Smt. Sarala Bala Barick, died on 17th January, 2004 and the executor, Netai Chandra Barick, died on 6th October, 2011. Therefore, as of now neither the executrix, nor the executor is alive.

4. The testator above-named, left properties both within and outside the original jurisdiction of this Hon’ble Court but within the testamentary and intestate jurisdiction of this Hon’ble Court, full particulars of the Estate, effects and valuation of the deceased above-named were set out in the Affidavit of Assets affirmed by the executor, Netai Chandra Barick, since deceased, and filed before this Hon’ble Court in the aforesaid probate proceeding being numbered as T.S. No.17 of 1985. The predecessor of the present petitioners, Netai Chandra Barick, paid ad valorem duty in respect of the estate of the deceased as would appear from the certificate of Registrar of this Hon’ble Court. The petitioners’ predecessor-in-interest, namely, Netai Chandra Barick obtained from the Estate Duty Controller, Calcutta, the estate duty certificate as would appear from the original certificate of the Estate Duty Controller, which were annexed and marked with the application for grant of probate being Testamentary Suit No.17 of 2017 (previously described as T.S. No.108 of 1985). It has been stated in paragraph 9 of the present application that the deceased died leaving behind him surviving the following persons as his own relatives who would have inherited his estate under the Hindu Succession Act, 1956 in case of intestacy and no one else. Paragraph 9 is reproduced herein below:

“9. The deceased died leaving the following persons as his near relatives who would have inherited his Estate under the provisions of the Hindu Succession Act, 1956 in case of intestacy and no one else.