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ARIJIT BANERJEE, ARIJIT BANERJEE
In the Goods of: Belarani Ghosh (Deceased) – Appellant
Versus
Alo Dey – Respondent


Advocates:
Counsel for the Parties:
For the Propounder:Mr. Swarnendu Ghosh, Advocate, Mr. Amlan Jyoti Sengupta, Advocate, Mr. Rahul Sengupta, Advocate
For the Caveatrix:Mr. Dhruva Ghosh, Sr. Advocate, Ms. Pritha Bhaumik, Advocate

JUDGMENT

Arijit Banerjee, J.—The plaintiff prays that Letters of Administration in respect of what she claims to be the last Will executed by Late Belarani Ghosh, on March 24, 2001, and credits of the deceased be granted in her favour throughout the State of West Bengal.

2. Belarani Ghosh died on July 17, 2004, living behind an immovable property situate at Premises no. 64/2/18 Biren Roy Road, Sukanta Nagar, Barisha, Kolkata-700 008. The plaintiff and the defendant are her two daughters and the only legal heirs.

3. The plaintiff claims that Belarani executed her last Will and Testament on March 24, 2001. The instrument is in Bengali Language. The plaintiff is the sole beneficiary under the Will. Nobody has been named as executor in the Will. The Will has been executed by way of a thumb impression. Three persons have been shown as attesting witnesses.

4. On or about November 30, 2007, the plaintiff filed PLA 362 of 2007 for grant of Letters of Administration in respect of the said Will. Special citation was issued upon the defendant pursuant to an order dated April 9, 2008, passed by a learned Judge of this Court. A caveat was filed by the defendant on April 29, 2008. An affidavit a

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