OD – 22 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE PLA/40/2019 IA NO. GA/5/2026 IN THE GOODS OF PURNA CHANDRA MONDAL (DECED) BEFORE:

THE HON’BLE JUSTICE SUGATO MAJUMDAR Date: 1st April, 2026 Appearance:

Mr. Dyutiman Banerjee, Sr. Adv.

…for the Petitioner The Court: This is an application praying for revocation of grant of Letter of Administration of the estate of Purna Chandra Mondal, since deceased.

Purna Chandra Mondal, since deceased, expired on 26/10/2005. Prior to death, he executed a Will dated 27^th December, 1999. He named his daughter Maya Roy as the Executrix. Maya Roy filed the application for grant of probate. During pendency of the probate application, the said Maya Roy expired. The legal heirs of Maya Roy converted the probate application into one of grant of Letter of Administration, in favour of them. The wife of the Testator filed an application challenging the proceeding but the same was rejected. Subsequently, the Letter of Administration was granted by the Co-ordinate Bench in terms of the Order dated

22/06/2023.

The grant is challenged herein on the following grounds:

a) It was not revealed before this Court that on 30^th July, 2018 the wife of the Testator Sushila Mondal transferred a plot of land by a registered deed of sale to one Babrubahan Das who in turn conveyed and transferred the entire plot of land to the Petitioners herein on 12/10/2018 in terms of registered deed of sale. The present Petitioners are in possession of land and had also applied for mutation for name.

b) A suit was filed against the Petitioner by one Rakesh Halder and Jatindra Nath Halder in the Court of Civil Judge, Junior Division, 1st Court, Diamond Harbour, bearing no. TS 62 of 2023, from which, it came to notice that the suit property had been transferred to the said Rakesh Halder and Jatindra Nath Halder by the legal heirs of Maya Roy, prior to grant of Letter of Administration. The suit was ultimately dismissed for default on 23/08/2024.

c) It is pleaded that the suit property in respect of which the Letter of Administration was granted and had already been disposed of, prior to such grant.

I have heard the Learned Counsel for the Petitioner. Copies of the documents filed.

None appears for the Executor, though notice was served and affidavit-in-

service is in the record. From record, it is evident that in terms of Order dated 22^nd June, 2023, the Co-ordinate Bench granted Letter of Administration to Dilip Roy, Raju Roy and Sagarika Jatua being legal heirs of the deceased Maya Roy. It is also evident from copy of plaint of the suit filed in the aforesaid Court that prior to grant of Letter of Administration, the property had been transferred in terms of registered deed dated 31/01/2018 bearing no. 312 of 2018 by the legal heirs of the deceased Maya Roy to the purchasers named therein.

Prima facie, it is evident that Letter of Administration was obtained suppressing material facts before the Court. It is a fit case where grant should be revoked for “just cause” as contemplated in Section 263 of the Indian Succession Act, 1925. Accordingly, the grant of Letter of Administration of the last Will and Testament of Purna Chandra Mondal dated 28th December, 1999 is hereby revoked.

The instant application stands disposed of accordingly.

Copy of this order may be communicated to the Learned Registrar, Original Side.

(SUGATO MAJUMDAR, J.)

A.Das (P.A.)