Calcutta High Court
Maharaja Kirit Bikram Kishore Dev ... vs Unknown on 16 November, 2009
Author: Indira Banerjee
Bench: Indira Banerjee
GA No. 1812 of 2009 PLA No. 215 of 2008 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE In the goods of:
Maharaja Kirit Bikram Kishore Dev Barman Advocate for applicant : Mr. Jishnu Saha Before:
The Hon'ble Justice Indira Banerjee Date: 16th November 2009 The propounder, Maharani Bibhukumari Devi of Tripura House, 59, Bullygunge Circular Road, Kolkata - 700019, filed an application in this Court for grant of probate of the last Will and Testament dated 2nd May 1985 of Late Maharaja Kirit Bikram Kishore Dev Barman.
After the application for probate was filed, the propounder found that the Will executed by the Late Maharaja on 2nd May 1985 was not the last and final Will. The Late Maharaja had executed a Will dated 11th March 2008 which has to be read with Codicil dated 10th May 2005.
In the aforesaid circumstances, the propounder has brought out this application for amendment of the probate application. Pursuant to the order of this Court citations were issued on the sons and daughters of Late Maharaja Kirit Order Sheet 2 Bikram Kishore Dev Barman being the other heirs of Late Maharaja. All the heirs have filed their affidavits consenting to the grant of probate to the Will. There is, thus, no impediment to the grant of probate to the Will executed by the Late Maharaja on 11th March 2002 read with the Codicil dated 10th May 2005.
The application for amendment of the probate application is allowed.
The amendments be carried out within a week from date. Let the amended application be placed for orders on 30th November 2009.
All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.
(Indira Banerjee, J.) R. Bose A.R.(C.R.)