The court affirmed the validity of a Will based on statutory compliance regarding execution and witness attestations.

The Hont’hb le Justice BISWAROOP CHOWDHURY Date: 25 JULY 2025 Appearance:

Mr.M.S. Tiwari, Adv. Mr. R.K. Tiwari, Adv. …..for the petitioner This is an application filed by the petitioner praying for grant of probate of The Court:

the Last Will and Testament dated 24-05-2003 of Sumitra Devi Jagatramka since deceased.

The contention of the petitioner in the application for grant of probate may be summed up thus:

1. On 22nd October 2013, Sumitra Devi Jagatramka died. At the time of death the testatrix was residing at 1 Clyde Row Hastings, Kolkata-700022. She was a Hindu inhabitant governed by the Mitakshara school of Hindu Law.

2. That the deceased was having some property within the state of West Bengal and on 24th May 2003 duly made and published her last Will in English Language and character whereby she appointed Mr. Arun Kumar Jagatramka the petitioner herein as the sole executor of the said Will.

3. That the due execution of the said Will is proved by the affidavit of Atma Ram Dubey one of the attesting witnesses to the said Will affirmed on 24-

09-2014.

4. That the deceased left behind the following legal heirs as her legal representatives and no one else as per Hindu Succession Act 1956:-

1. Giridharilal Jagatramka – Hus2b and

2. Arun Kumar Jagatramka – Son (Executor)

3. Lalita Agarwal – Daughter

4. Chandra Lekha Jain – Daughter

5. Dr. Manjula Jagatramka – Daughter

6. Leela Devi Layalka (since deceased represented by)

i) Dr. Mahendra Kumar Layalka – Son in Law.

ii) Mr. Sanjay Kumar Layalka – Grandson iii) Smt. Shashikala Chanani – Granddaughter

5. The deceased left moveable and immoveable property within and outside the jurisdiction of this Hon’ble Court, as stated in the affidavit of assets. The gross value of such assists to the best of the knowledge and belief of the petitioner will be sum of Rs. 38,09,372.08P and the net value whereof is Rs.

38,09,372.08P.

6. So far the petitioner is able to ascertain and aware of there are no other properties belonging to the deceased other than these specified in the said affidavit of assets.

7. That no intimation has been received by this Hon’ble Court or from any other High Court or the District Court of India for any grant of probate of this Will of the deceased above named or Letters of Administration of the property and credits and effects of the deceased.

8. That to the best of the petitioner’s belief, no application has been made to any other High Court or District Court in the Union of India for any grant of probate of any Will or Letters of Administration of the property credits and effects of the deceased.

Pursuant to the filing of this application both general citation and special citation were issued, but no caveat was lod3 ged. Thus the matter is treated to be non-

contentious.

The petitioner in the instant case has examined two witnesses. Atma Ram Dubey in his evidence has stated that the Will was executed by Ms Sumitra Devi Jagatramka in his presence and he knows her signature. He further stated that he also signed in her presence and identifies his signature. He also stated that the content of the Will has been explained by her husband and after understanding the purport of the Will she had put her signature.

Debraj Chandra in his evidence has stated that the Will is written by Ms.

Sumitra Devi Jagatramka. He further stated that the Will has been signed by Sumitra Devi Jagatramka in his presence. He also stated that he has put his signature in the Will as witness no-2. He identifies his own signature and signature of Ms. Sumitra Devi Jagatramka.

Now the point for consideration is whether probate should be granted to the Will executed by. M.S. Sumitra Devi Jagatramka. In order to decide this issue it is necessary to consider the provisions contained in Section 59 , Section 63 of the Indian Succession Act 1930 an