Calcutta High Court
Gocool Chandra Saha (Deceased) vs Unknown on 11 May, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
GA No. 2729 of 2010
PLA No. 148 of 1989
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF :
GOCOOL CHANDRA SAHA (deceased)
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 11th May, 2016.
Mr. Aniruddha Mitra, Mr. Abhijit Nayak, Advs.
...appears Mr. Anubhav Sinha, Mr. S.K. Samanta, Advs.
...appears The Court : This is an application for revocation of a probate granted.
Learned advocate for the applicant submits that the probate was granted on September 26, 1989. The applicants whom he represents are the heirs and legal representatives of the deceased Gocool Chandra Shaw. Learned advocate for the applicants refers to the application for grant of probate annexed to the present application. He submits that only three persons have been stated in such application to be heirs of the deceased. He refers to the family tree at page 17 of the application and submits that all the ten applicants before Court would 2 have succeeded to the estate of the deceased on the date of the application for the grant of probate.
Learned advocate for the probate applicant submits that the power of attorney on the basis of which the present application has been made is a suspect document. Learned advocate-on-record of the probate applicant had required inspection as well as copy of the power of attorney. He refers to the original power of attorney which has been produced by the learned advocate for the applicant in Court and submits that, some of the power of attorney holders are no longer alive. He submits that several persons cannot issue a joint power of attorney in favour of one person. With the death of some power of attorney holders, the power of attorney is no longer valid. The power of attorney is inadequately stamped. He submits that the parties have sat together and are trying to arrive at a settlement.
In reply the learned advocate for the applicant submits that, there are no possibility of any settlement. He produces the original power of attorney on the basis of which the present application has been made.
Learned Advocate for the beneficiary submits that the probate applicant has died. The beneficiaries are seeking to obtain probate of the will concerned.
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I have considered the rival contentions of the parties and the materials made available on record.
The probate proceedings relates to a will claimed to have been left behind by Gocool Chandra Shaw. He died on April 14, 1962 leaving behind surviving his wife Sarabala Dassi.
The family tree of Gocool Chandra Shaw which starts from the father of the Gocool Chandra Shaw is annexed to the application. The family tree is not disputed.
It appears from such family tree that Gocool Chandra Shaw did not have any children. His wife died subsequently on November 27, 1982. With her death since the Estate is of the predeceased husband, such estate will devolve upon the heirs of the husband alive on the date of death of the Gocool Chandra Shaw i.e. April 14, 1952. It appears from such family tree that, three brothers of Gocool Chandra Shaw was alive. The applicants before me traces their title through one of the brothers namely, Manicklal Saha, since deceased.
In terms of Section 283(1)(c) of the Indian Succession Act, 1925, the applicant for the grant of probate ought to have applied for issuance of citation to persons claiming to have any interest in the estate of the deceased. The applicants before me claims to have interest in the estate of the deceased. Such claims have substantial basis. 4
The contention on behalf of the probate applicant that, the power of attorney is suspect is not acceptable. Probate Court is a Court of conscience. The Probate Court will ensure that citations are issued to persons who claims some interest in the estate of the deceased. As noted above the applicants before me would inherit the estate of the deceased in the case of intestacy. Therefore the applicants before me have caveatable interest in the estate of the deceased. The applicants therefore was required to have cited in the probate proceedings. In such circumstances, the applicants before me have made out a just cause within the meaning of Section 263 of the Indian Succession Act, 1925 warranting revocation of the probate already granted.
The probate which granted on September 26, 1989 and issued on October 4, 1989 is revoked.
The probate applicants will cause issuance of citation to the heirs and legal representatives of the deceased Gocool Chandra Shaw in terms of the family tree as annexed to the application. Probate applicants will take necessary steps within four weeks from date with regard thereto.
G.A. 2729 of 2010 is disposed of. No order as to costs.
(DEBANGSU BASAK, J.) TR/ 5