Calcutta High Court
Ashok R. Mansata vs Upendra R. Mansata & Ors on 13 November, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-13
GA 1656 of 2019
With
TS 2 of 2018
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF:
CHANDRAPRABHA RAMNIKLAL MANSATA (DEC.)
-AND-
ASHOK R. MANSATA
-VERSUS-
UPENDRA R. MANSATA & ORS.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 13th November, 2019.
Appearance:
Mr. Rupak Ghosh, Adv.
The Court : This is an application at the instance of all the beneficiaries of the last Will and Testament dated March 4, 2017 (hereinafter referred to as the 'said Will') executed by the testatrix, namely, Chandraprabha Ramniklal Mansata who died on August 4, 2017. The applicants have prayed for revocation of the probate to the said Will dated March 4, 2017 of the testatrix granted by this Court on March 28, 2019 and issuance of a fresh probate.
From a reading of the said Will dated March 4, 2017 it is evident that the testatrix had appointed her two sons, namely, Upendra Mansata and Ashok Mansata as the joint executors of the said Will. However, due to inadvertence, on March 28, 2019 this 2 Court granted probate to the said Will dated March 4, 2017 in favour of only one executor, namely, Ashok Mansata.
In the application it has been stated by all the applicants, the beneficiaries under the said Will dated March 4, 2017 of the testatrix that the probate to the said Will dated March 4, 2017 should be granted in favour of both the executors, namely, Upendra Mansata and Ashok Mansata.
Considering the facts of the case, this application is allowed. The probate to the said Will dated March 4, 2017 of the testatrix, namely, Chandraprabha Ramniklal Mansata on March 28, 2019 is revoked.
The matter be placed in the testamentary list for grant of the fresh probate of the said Will dated March 4, 2017 in favour of the two executors, namely, Upendra Mansata and Ashok Mansata.
Accordingly, GA No.1656 of 2019 stands disposed of.
(ASHIS KUMAR CHAKRABORTY, J.) s.pal