IN THE HIGH COURT AT CALCUTTA TEsTAmENTARy ANd INTEsTATE jURIsdICTION Present :

THE HON’BLE JUSTICE ARINDAM MUKHERJEE P.L.A. No. 340 of 2022 IN THE GOODS OF :

Mandira Laha, Deceased For the Petitioner : Mr. Sandipto Bose, Ms. Urbi Roy, Mr. Anirban Ghosh, ..... Advocates Heard on : 4th December, 2025 Judgment on : 9th December, 2025 Arindam Mukherjee, J:

1. This is an application for grant of probate of the last Will and Testament dated 21st December, 2021 (hereinafter referred to as the said will) left behind by Mandira Laha, wife of Late Cecil Laha who died on 6th February, 2022. The testatrix at the time of death was an Indian Christian and resided at 323, Jodhpur Park, Flat No.8, 3rd Floor, Kolkata-700068 (hereinafter referred to as the said premises). The testatrix left behind the said premises as the only property and asset comprising her estate where she breathed her last. The only legal heir of the testatrix is her son who is a resident of United States of America (USA) and has been duly cited. No one has come forward to oppose the grant. The department has also issued the “no objection certificate”. The will has been sought to be proved in common form by the affidavit filed by one of the attesting witnesses.

2. The word “Indian Christian” is defined in Section 2(d) of the Succession Act, 1925 (hereinafter referred to as 1925 Act). Section 213 (2) of the 1925 Act with regard to Indian Christian has been amended in 2002 by which the said Section 213 has been made not applicable in the Indian Christians.

3. This application is filed in this Court invoking the concurrent jurisdiction of this Court inasmuch as the testatrix died outside the City Civil Court jurisdiction but within the State of West Bengal having the only immovable property also outside such jurisdiction but with the State. The invocation of concurrent jurisdiction therefore, gives rise to controversy as to whether it is under Section 300 of the 1925 Act or under clause 34 of the Letters Patent, 1865 in view of the law as it stands now.

4. In view of the present legal position read with the various judgements operating in this field, the following questions fall for consideration in the instant case:

(i) Is the provisions of The Succession Act, 1925 applicable to Indian Christians?

(ii) Is probate of a will necessary to be obtained in the case of an Indian Christian like the testatrix?

(iii) If probate is necessary, then in which Court, if an Indian Christian dies in the State of West Bengal leaving properties and assets also within the State, the application for grant of probate or letters of Administration is required to be filed?

(iv) Is the provisions of Clause 34 of Letters Patent, 1865 available to an executor of the Will or to an Administrator of the estate of an Indian Christian to approach the High Court directly by invoking jurisdiction under Clause 34 of Letters Patent, 1865 or he has to take recourse of the provisions of Section 300 of the Succession Act, 1925 to approach this Court?

5. Before going into further discussion, the relevant provisions of the City Civil Courts Act, 1953 as it stood after 1980 Amendment and Clause 34 of the Letters Patent, 1865 are set out hereinbelow.

Section 5(3) of the City Civil Courts Act, 1953 :

“5. Jurisdiction. –

(1)The local limits of the jurisdiction of the City Civil Court shall be the City of Calcutta.

2)Subject to the provisions of sub-sections (3) and (4),[* * *] [Words and figure omitted by West Bengal Act 35 of 1969.] the City Civil Court shall have jurisdiction and the High Court shall not have jurisdiction to try suits and proceedings of a civil nature, not exceeding [rupees ten lakhs] [Words first substituted by West Bengal Act 35 of 1969. Thereafter, those words again] in value.

[Provided that the City Civil Court and the High Court at Calcutta shall have concurrent jurisdiction to try suits and proceedings of a civil nature, the value of which exceeds rupees ten lakhs but does not exceed rupees one crore.] [Inser