Calcutta High Court
Nalini Kothari vs Unknown on 15 November, 2022
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
ORDER SHEET
IA No.GA 1 of 2022
In
PLA 429 of 2021
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF :
NALINI KOTHARI, DECEASED
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 15th November, 2022 Appearance Mr. Rajeev Kumar Jain, Ms. Laila Khatun, Ms. Sreyasi Chatterjee, Advocates for the petitioner.
The Court : This is an application by the only son of the deceased and the universal legatee for conversion of the application for grant of probate into an application for grant of Letters of Administration with the original Will annexed. It is submitted on behalf of the applicant that under a mistaken view the applicant was of the opinion that he has been appointed as the executor under the last Will and Testament of his mother, namely, Nalini Kothari dated 1 st December, 2009 and had filed this application for grant of probate as an executor which has been numbered as PLA 429 of 2021. The applicant further says that subsequently he has been advised that he is not an executor appointed under the Will and as such, he has made this application for converting the application for grant of probate into an application for grant of Letters of Administration with the original Will annexed. 2
After hearing the applicant and considering the materials on record, I find that there is no executor appointed under the last Will and Testament of the deceased above named dated 1 st December, 2009. The application for grant of probate cannot, therefore, be maintained by the applicant as an executor and is thus directed to be converted to an application for grant of Letters of Administration with the original Will annexed by Sailesh Kothari, the applicant being the only son and the sole beneficiary under the last Will and Testament of the deceased above named dated 1st December, 2009. It is also pertinent to mention that the two sisters of the applicant being the legal heiresses of the deceased have, according to the applicant, given consent to the grant of probate which is already filed in this Court. The department is directed to treat the application being PLA 429 of 2021 as an application for grant of Letters of Administration with the original Will annexed by inserting the words 'Letters of Administration' in place of 'Probate' in prayer (a) of the petition being PLA 429 of 2021. The applicant/petitioner is also granted leave to reverify the application being PLA 429 of 2021 on the substitution of the words 'Letters of Administration' in place of 'Probate' in prayer (a) and anywhere else in the body of the said petition being PLA 429 of 2021.
The application being GA 1 of 2022 is accordingly disposed of.
(ARINDAM MUKHERJEE, J.) pa