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2018 Supreme(Cal) 701

SAHIDULLAH MUNSHI
In Goods of : Budhmal Kulthia and Sampat Devi Kulthia – Appellant
Versus
Sudha Soni – Respondent


Advocates Appeared:
Utpal Bose, Adv., Noell Banerjee, Adv., Dipanjan Dey, Adv., Dipak Dey, Adv., Sailesh Kumar Gupta, Adv., Rabiya Khan, Adv., Dilawar Khan, Adv., K.C. Garg, Adv., Sunita Agarwal, Adv.

JUDGMENT :

Sahidullah Munshi, J.

P.L.A. No. 168 of 2010 was filed by the propounder Smt. Sampath Devi Kulthia, the plaintiff, praying for letters of administration of the Will and Testament dated 26th October, 2002 of the deceased Budhmal Kulthia as sole beneficiary under the Will and Testament of the said deceased with effect throughout the Union of India.

2. It is the case made out by the propounder that Budhmal Kulthia, the deceased, who was during his lifetime and at the time of his death a Hindu inhabitant governed by Mitakshara School of Hindu Law, departed his life at 81, Muktaram Babu Street, Kolkata-700007 on 4th April, 2004 as is evident from a death certificate annexed to the petition and marked with the letter 'A'. Prior to the death of the deceased he made and published his last Will and Testament in Hindi language and character on 26th October, 2002 in respect of his assets and properties whereby the said deceased declared the plaintiff as the sole beneficiary and legatee to the said last Will and Testament dated 26th October, 2002. The plaintiff has filed the original Will in Hindi language and character together with English translation thereof duly certified to be the

















































































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