Calcutta High Court (Appellete Side)
Ab Achin Ghosh And Another vs Smt. Jyotirmoyee Sengupta on 25 August, 2023
Author: Harish Tandon
Bench: Harish Tandon
14 25.08. FA 15 of 2019
2023 IA No. CAN 4 of 2023
Ct. No. 04
Ab Achin Ghosh and another
Vs.
Smt. Jyotirmoyee Sengupta.
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Mr. Sourav Sen, Mr. Triptimoy Talukdar, Mr. Abhiraj Tarafdar.
... for the appellants.
Re: CAN 4 of 2023 This is an application at the instance of the appellants seeking addition of Debasish Sengupta and Debamitra Sengupta, the nephew and niece of the testator.
It appears from the record that an application for probate filed by the executor could not fructify into a final grant as the executor died during pendency of the said proceeding. An application for conversion of the said proceeding into the letters of administration was taken out, which on the date of hearing is dismissed by the Court applying the provisions of the Limitation Act.
It is averred that the wife of the testator, who was alive when the application for probate was filed, gave 'No Objection' but she also died during pendency of the probate proceeding. According to the appellants, the aforesaid two persons are the Class-2 heirs, who would succeed to the estate in case of intestate succession and, therefore, have a caveatable interest in the subject matter. Neither the Caveat nor the affidavit in support of the said Caveat is filed, but they are regarded as necessary and proper party because of the conversion of a proceeding from a probate to letters of administration, more particularly, when the wife of the testator died during pendency of the said proceeding.
Ms. Sanghamitra Pandit, learned Advocate, appears 2 for the Debamitra Sengupta, the niece of the testator, and submits that her client has no objection if she is impleaded as party in the instant appeal.
In view of the above, the instant application is disposed of by impleading Debasish Sengupta and Debamitra Sengupta, being the nephew and niece of the testator, as party respondent in the instant appeal.
Ms. Pandit undertakes to file Vakalatnama in the department in course of the day. In the event such Vakalatnama is filed, the office shall tag the same in the instant appeal.
The appellants are directed to serve the copy of the Memorandum of Appeal upon Debasish Sengupta, the address has been given in paragraph 12 of the instant application, by speed post and shall file affidavit of service when the appeal would be listed for hearing.
(Harish Tandon, J.) (Ajay Kumar Gupta, J.)