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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, PARTHA SARATHI SEN
Saibal Sarkar – Appellant
Versus
..... – Respondent
| Table of Content |
|---|
| 1. probate application details and parties (Para 1 , 3 , 4 , 5 , 6) |
| 2. court's analysis of probate requirements (Para 2 , 7 , 11 , 12 , 13 , 14) |
| 3. arguments against trial court's order (Para 8 , 9 , 10) |
| 4. court's decision to grant probate (Para 15 , 16 , 17 , 18 , 19) |
| 5. conclusion on appeal disposition (Para 20 , 21) |
Judgment :
Partha Sarathi Sen, J.
1. Challenge in this appeal is against the Order No. 15 dated 05.05.2022 as passed by the learned District Delegate, Baruipur in Miscellaneous Probate Case No. 15 of 2021, whereby and whereunder the said court rejected the appellant/petitioner's application under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as “the said Act”) for grant of probate to the last Will and Testament of the deceased Mukulika Mitra.
2. We have heard learned Advocate for the appellant. We have also perused the order (deemed decree), which is impugned before us.
3. On perusal of the entire materials as placed before us, it reveals that the appellant, being the executor to the last Will and Testament of the deceased Mukulika Mitra, approached the said court of the learned District Delegate, Baruipur, with a prayer for grant of
Probate application requirements were misinterpreted; beneficiaries do not need to be notified when probate is sought by an executor in their interest.
The appointment of an executor is not the sole criterion for granting probate, and other persons, depending on the circumstances, could also seek probate as per the provisions of the Indian Successio....
Probate proceedings require compliance with notice provisions under Section 283 of the Indian Succession Act; failure to notify potential heirs vitiates probate grants.
A legatee or beneficiary can seek probate under the Indian Succession Act, 1925, even if no executor is expressly named in the will, as the law allows for the appointment of an executor by necessary ....
(1) Revocation of Probate of Will – Grant of probate is a judgment in rem – If a party has caveatable interest in estate of deceased, it is entitled to be served before final order is passed.(2) Tran....
The main legal point established in the judgment is that the District Court has jurisdiction to grant and revoke probate and letters of administration in cases specifically covered under Section 57(c....
The jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
Probate of Will – Non-appointment of an executor cannot be a ground to reject grant of probate.
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