Calcutta High Court
Harendra Kumar Nath (Dec.) vs Unknown on 14 December, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-137
ORDER SHEET
GA 3038 of 2016
With
PLA 363 of 2013
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
IN THE GOODS OF:
HARENDRA KUMAR NATH (DEC.)
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 14th December, 2016.
Appearance:
Mr.Pingal Bhattacharyya, Adv.
Mr.Arnab Dutt, Adv.
The Court: This is an application for the petition for grant of probate to be proceeded with as a non-contentious matter since no affidavit in support of a caveat lodged on June 20, 2014 has yet been filed.
The caveat was lodged on behalf of Prodyut Nath and Biva Chatterjee. The caveators are a son and daughter of the alleged testator and the propounder is another son.
The caveators seek some time to file their affidavit of assets.
Subject to the caveators each paying costs assessed at Rs.5,000/- and putting in a combined deposit of Rs.5 lakh within January 15, 2017, they will be entitled to file their affidavits in support 2 of the caveat by January 30, 2017. The costs will be appropriated by the propounder. The deposit will be made with the Registrar, Original Side who will invest the same by way of a fixed deposit in a branch of any nationalised bank having its office within the vicinity of this Court. The deposit will be held as security. In the event the probate is granted, the deposit will, along with the interest accrued thereon, merge in the estate to be dealt with in accordance with the Will and such amount may be adjusted against the costs that may have been incurred in course of the testamentary proceedings.
In the event the petition for grant of probate is rejected, the caveators will be entitled to take back the deposit, along with the interest accrued thereon.
If the costs are not tendered or the deposit is not made within the time indicated, the department should proceed to process the petition for grant as a non-contentious matter as expeditiously as possible. In the event the costs are tendered and the deposit made, the affidavit in support of the caveat will be treated as the written statement and the petition for grant of probate as a plaint for the matter to be allotted a testamentary number and proceeded with in accordance with law.
GA No. 3038 of 2016 is disposed of without any order as to costs.
(SANJIB BANERJEE, J.) dg2