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2023 Supreme(Cal) 1405

ARINDAM MUKHERJEE
In the Goods of : Samar Dhawa, Deceased – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandip Kumar De, Mr. Abhijit Sarkar.
For the Lipika Dhawa & Suman Dhawa : Mr. Pratip Mukherjee, Mr. Kaushik Modak, Mr. Arijit Ghosh, Mr. Rahul Modak.

JUDGMENT :

1. This is an application for substitution by some of the legal heirs of the petitioner Smt. Padmarani Dhawa.

2. The background behind making of this application is as follows:-

Smt. Padmarani Dhawa the mother of Samar Dhawa being the deceased abovenamed, filed an application for grant of probate being PLA/402/2022. During the pendency of the said application Padmarani Dhawa died on 27th December, 2022. The applicants claim that Padmarani Dhawa died intestate. The applicants are the sons and daughters of Padmarani Dhawa except her pre-deceased son Samar Dhawa. Samar Dhawa as claimed by Padmarani Dhawa and the applicants died intestate on 28th May, 2021. Samar was survived by his mother Padmarani Dhawa, his widow Lipika Dhawa and his son Suman Dhawa. So, in case of intestate death of Samar 1/3rd of his estate would go to his mother Padmarani Dhawa since deceased being the original applicant for the letters of administration. The present applicants being the heirs in intestacy of Padmarani Dhawa in case of intestate death of Padmarani Dhawa inherit a portion of the estate of Samar Dhawa along with the widow and son of Samar Dhawa that would go to his mother Padmarani Dhawa. T

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