Calcutta High Court
Pradyot Kumar Ghosh (Dec) vs Unknown on 19 June, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER SHEET
GA NO.3112 OF 2018
PLA NO.174 OF 2013
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF :
PRADYOT KUMAR GHOSH (DEC)
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 19th June, 2019.
Mr.S.N. Mitra, Sr. Adv.,
Mr.Anirban Ray,
Mr.Soumavo Ghose,
Mr.D.R. Bass, Advs., for the
petitioner.
Mr.Sakya Sen,
Mr.S.R. Kakrania,
Ms.Ritika Shroff,
Mr.Aviroop Mitra, Advs., for the
respondent.
The Court : In this application the heirs and representatives of the deceased testator have sought for revocation of the probate dated August 12, 2013 granted by this Court of the Will and Testament dated August 19, 2008 allegedly executed by the deceased testator during his lifetime.
In support of the relief claimed in this application, the applicants have urged various grounds including the ground of lack of territorial jurisdiction of this Court to grant probate of the said Will of the deceased testator. According to the applicants, 2 the only property which was allegedly bequeathed by the deceased testator is situate in Delhi and, as such, this Court lacks the territorial jurisdiction to entertain the probate application filed by the executor. The other grounds urged by the applicants relate to various wrongful acts being committed by the executor in obtaining probate of the Will in question.
It is the common ground of all the parties that the only property which was covered by the Will of the deceased testator is situate in Delhi and, as such, this Court lacks the territorial jurisdiction to entertain the probate application filed by the executor. Thus, when this Court lacked the jurisdiction to entertain the prayer of the petitioners in this application has to be allowed. Accordingly, the probate granted by this Court on August 12, 2013 in PLA No.184 of 2013 (In the goods of : Pradyot Kumar Ghosh, Deceased) is revoked.
So far as the other allegations made by the applicants against the executor, namely, S.R. Kakrania, the applicants would be entitled to urge the same before the competent court, if they think so.
With the above directions, the application, GA No.3112 of 2018 stands allowed.
(ASHIS KUMAR CHAKRABORTY, J.) S.Das AR[CR] 3