Calcutta High Court
Manindra Nath Ghosh (Deceased) vs Unknown on 30 August, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD 54
GA 3482 of 2015
WITH
TS 6 of 1991
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY & INTESTATE JURISDICTION
IN THE GOODS OF : MANINDRA NATH GHOSH (DECEASED)
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 30th August, 2016.
Mr. I.Roy,Advocate appears.
Mr. D. Choudhury,Advocate appears.
Ms. P. Chowdhury,Advocate appears.
Mr. H. P.Roychowdhury,Advocate appears.
Mr. Malay Kr. Ghosh,Sr. Advocate appears.
Mr. A.K.Bhattacharya,Advocate appears.
Mr. S. Gangopadhyay,Advocate appears.
Mr. S. Bhattacharya,Advocate appears.
The Court : - The application is by the executor for extension of time to furnish the accounts.
The testator died in the year 1990 and a petition for grant of probate of his Will was filed shortly after his death. The testator was predeceased by his wife and had no children. The executor named in the Will was the 2 son of the testator's predeceased wife's brother. The Will was proved after a contest in a testamentary suit that was decreed in the year 2013.
According to the executor, the principal assets of the testator were his dwelling house at Duff Street, his chamber thereat and the money lying to his credit in various accounts. Under the Will, the executor gets a quarter of the dwelling house and three cousins of the executor get the remaining three-quarters thereof. The Will ordained that two chamber juniors of the testator would get his library.
One of the chamber juniors is represented. The other has died and despite notice to the heirs of the other legatee pertaining to the library, there is no representation.
The appearing legatee concerning the library says that most of the books are missing and there are only stray volumes of some journals which are available. It is submitted that the executor has failed to protect the estate by taking appropriate steps.
The executor claims that the other legatee in respect of the library was a nephew on the paternal side of the testator and such nephew used the library exclusively since the death of the testator till the death of the concerned legatee in the year 1994.
Notwithstanding such submission, the executor cannot be execused for the damage or destruction or devastation of the library which the executor was duty-bound to protect, inter alia, by seeking appropriate orders from Court even prior to the conclusion of the testamentary suit. 3
Let a final notice be issued to the heirs of Sourendra Prasad Ghosh with the intimation that the matter will appear next a fortnight hence. Notices should also be issued to the three other legatees in respect of the Duff Street property so that the partition between the four co-owners may be formalised and the administration of the estate completed.
The executor has also sought utilisation of a part of the funds of the estate to reimburse the executor for the repair works undertaken by the executor at the Duff Street property. The views of the other legatees are invited on such aspect when the matter appears next.
(SANJIB BANERJEE, J.) S.Chandra