Calcutta High Court
Benode Gopal Ghoshal (Deceased) vs Unknown on 21 November, 2024
OD-8
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
ORIGINAL SIDE
PLA/11/2024
IN THE GOODS OF-
BENODE GOPAL GHOSHAL (DECEASED)
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: November 21, 2024 Appearance :
Mr. Pranay Mukherjee, Adv.
Mr. Sarbajit Mukherjee, Adv.
... for the petitioner The Court: Mr. Pranay Mukherjee, learned Counsel, is appearing for the petitioner.
The matter is listed as "To Be Mentioned" on the prayer made by the learned counsel for the petitioner.
Learned counsel for the petitioner submits that the petitioner has filed the present application being PLA 11 of 2024 for grant of Letters of Administration. The department has raised an objection on the ground that the petitioner should come with an apostilled address proof of the petitioner with the husband's name.
Learned counsel for the petitioner further submits that the department is also raising the objection that though the legal heirs who have filed their affidavit of consent but the applications have not been apostilled. Learned counsel for the petitioner draws the attention of this Court to the affidavit of assets wherein the petitioner has enclosed the notarized coloured passport of the petitioner which was valid till 20th September, 2023. The petitioner has also enclosed the coloured certificate of registration and 2 Overseas Citizen of India Card Holder wherein the address of the petitioner is mentioned. The said document is properly notarized before the Notary Public. It is correct that the petitioner has not submitted any document with regard to the proof that the petitioner is the wife of the deceased Joydeep Ghoshal but at the time of hearing, the petitioner has produced the xerox copy of the licence and certificate of marriage issued in the State of South California dated 16th February, 2018 which proves that Joydeep Ghoshal was the husband of the petitioner.
Accordingly, the petitioner prays for leave to bring the original documents/apostilled/certified copy of the document i.e. the licence and certificate of marriage dated 16th February, 2018 within a period of four weeks from date.
With regard to the affidavit of legal heirs, it is found that the affidavit of consent filed by the legal heirs i.e. Reyna Ghoshal and Rudro Deep Ghoshal have been duly apostllied. It is not necessary in the application that the consent of the legal heirs is to be apostllied.
Accordingly, the affidavit of consent submitted by the legal heirs can be accepted.
In view of the above, the petitioner is directed to furnish original/ apostilled/certified copy of the licence and certificate of marriage or any documents to prove that the petitioner is the wife of the deceased Joydeep Ghoshal within four weeks from date. After receiving the documents, the department is directed to take appropriate steps.
(KRISHNA RAO, J.) arsad