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IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
In The Goods of : Dipak Sen (Deceased) – Appellant
Versus
. – Respondent
Order :
Bivas Pattanayak, J.
1. At the time of delivery of judgment, it is informed by learned advocates for both the sides that the petitioner, mother of the deceased, has already expired. Learned advocate, who represented the mother of the deceased, submitted that steps have already been taken in such regard. Accordingly, the judgment is delivered in open Court in presence of learned advocates for both the sides.
2. Both the applications have arisen in connection with a petition for grant of letters of administration and for issuance of special and general citation being PLA No. 8 of 2018 filed by the mother of the deceased Deepak Sen who passed away on 25th November, 2017 leaving behind the mother, widow and minor daughter as his legal heirs.
3. G.A. No. 5 of 2023 is filed by the widow of the deceased Deepak Sen. The applicant contends that in the second week of January 2018 she received a copy of application being GA 121 of 2018 filed by her mother-in- law Mrs. Rama Sen in connection with PLA 8 of 2018. However, no copy of PLA 8 of 2018 was served upon her. From the application being GA No. 121 of 2018 she came to learn that Mrs. Rama Sen had filed an application for obtaining let
No petition for probate filed under Section 276 of the Act. In the absence of any such petition, the court below cannot invoke the provisions under Section 295 of the Act.
The court emphasized the need for the applicant to establish a "just cause" to revoke the probate, highlighting that the reasons cited by the applicant should be examined bearing in mind the law rela....
The main legal point established in this judgment is that proper service of notice and publication of citation in a newspaper with proper circulation are essential requirements for probate proceeding....
The issuance of a citation under Order 72 of the Rules of Court 2012 is a mandatory prerequisite for commencing a probate action to revoke Letters of Administration.
In non-contentious applications for Letters of Administration, strict proof under the Evidence Act is not required, and courts may rely on affidavits.
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