Calcutta High Court
Ranjana Sikhwal Alias Ranjana Sharma vs Chandrakala Sharma & Anr on 24 March, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.4023 of 2014
PLA No.61 of 2003
TS No.8 of 2005
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
ORIGINAL SIDE
IN THE GOODS OF: SAVITRI DEVI SIKHWAL(DEC)
-And-
In the matter of :
Ranjana Sikhwal alias Ranjana Sharma
-Vs-
Chandrakala Sharma & Anr.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 24th March, 2015.
Appearance:
Mr. Pradip Dutta, Adv.
The Court : The petitioner claims to be the universal legatee. The petitioner in this application prays for conversion of PLA No.61 of 2003 to an application for grant of letters of administration with a copy of Will annexed. The petitioner states that on or about 4th April, 2003, an application for grant of probate of the last Will and Testament of Savitri Devi Sikhwal was filed by Jugal Kishore Sikhwal. On 8th of March, 2007 Jugal Kishore Sikhwal died intestate. Pusuant to such death, Sri Ashok Kumar Sikhwal, since deceased, being the second son of the deceased testatrix filed an application being GA No.1731 of 2007, for recording the death of Jugal Kishore Sikhwal and for converting the probate application to an application for grant of 2 letters of administration. Ashok Kumar Sikhwal, since deceased, already filed an application being GA No.2832 of 2007 praying for, inter alia, for amendment of the application for grant of probate filed by Jugal Kishore Sikhwal. The said application was allowed by a common judgement and order dated 9th January, 2008. By an order dated 26th March, 2008, the concerned department was directed to carry out the amendment within a period of three weeks from the date of such order. The amendments, however, could not be carried out due to prolonged illness and subsequent demise of Ashok Kumar Sikhwal who died intestate on 18th April, 2009. It was by reason of the death of the last executor. The petitioner claims to be one of the universal legatees and is praying for grant of letters of administration with a copy of Will annexed in respect of the estate left by the said deceased.
This application has been filed almost after six years, since the death of Ashok Kumar Sikhwal. It is submitted that during the pendency of the said proceeding only Chandrakala Sharma, one of the married daughter of testatrix lodged a caveat and the probate proceeding was marked as a contentious cause. The applicant states that after the death of the husband of the petitioner, it has come to the knowledge of the petitioner that one of the properties of the said testatrix has been sold out by one of the legal heirs of the said testatrix without taking any 3 consent from the petitioner and the other legal heirs or heiresses.
The petitioner appears to have filed an application for injunction in respect of the said properties before the appropriate Court in Rajasthan on or about 3rd June, 2013 and obtained an order of injunction in respect thereof. It is stated that taking advantage of the present situation the legatee or legatees may deal with or dispose of the assets and properties of the estate of the said deceased and in order to prevent the same, an order of injunction be passed restraining legatees and/or surviving legal heirs of the testatrix from dealing with or disposing of and/or alienating and/or transferring and/or creating any third party interest over the properties of the testatrix as mentioned in the affidavit of assets in the probate application.
A copy of this application is only served upon Chandrakala Sharma. Since she lodged the caveat and had filed an affidavit in support of the said caveat. However, the other legal
heirs or heiress who would have succeeded of the estate of Savitri Devi Sikhwal , since deceased, have not been served. The affidavit of service filed in this proceeding would show that the said caveatrix has received a copy of this application on 14th March, 2015. The said caveatrix is not represented.
Under such circumstances and in order to preserve the assets of the deceased, there shall be an order of prayer (h) of 4 the Master's Summons. The petitioner is directed to serve a copy of this application along with a copy of this order, in course of this week by speed post with acknowledgement due card, upon the surviving legal heirs and heiress mentioned in paragraph 11 of the petition with an intimation that this matter will appear in the list under the heading "New Application" on 21st April, 2015. A copy of this order shall also be forwarded to Chandrakala Sharma and Kanchan Ojha by speed post with acknowledgement due card in course of this week. It would be open for the said parties to pray for vacating, modification and/or dismissal of this petition on the returnable date.
The interim order shall continue till 30th April, 2015 or until further orders of this Court whichever is earlier.
The affidavit of service filed in Court today be kept on record.
(SOUMEN SEN, J.) cs.