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Calcutta High Court

255/2010 on 11 February, 2015

Author: Soumen Sen

Bench: Soumen Sen

                               GA 297 of 2015
                                    WITH
                               PLA 255 of 2010
                      IN THE HIGH COURT AT CALCUTTA

                                ORIGINAL SIDE


                  SMT.SWAPNA CHAKRABORTY(DECEASED)


  BEFORE:

  The Hon'ble JUSTICE SOUMEN SEN

  Date : 11th February, 2015.


For the beneficiaries :
Mr. Prabal Mukherjee,Advocate
Mr. S.N.Dutta,Advocate

Mr. Rajarshi Dutt,Advocate appears.




      The Court : - The time to pay the consideration amount towards sale of the

flat in question is peremptorily extended till 18th Februry,2015. In the event the

purchaser fails to deposit the consideration amount, the executor shall hand over

the property to the beneficiaries under the Will. However, in the event the

amount is paid by the purchaser, then the executor shall file an inventory and

accounts after taking into consideration the said proceeds thereof and complete

administration of the estate by 27th February,2015.

      Since the Probate has been granted, a copy of the order granting Probate

shall be filed by the executor in the pending suit at Alipore and it would be open

for the beneficiaries to get themselves substituted in the said proceeding. The
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executor shall file inventory and accounts and on verification thereof, shall stand

discharged.

            The Registrar, High Court, Original Side is directed to hand over the keys

to the executor who shall, in turn, make over the same to the purchaser in the

event sale ultimately takes place or else to the Advocate-on-Record of the

respondent nos. 3 and 4.

The application, accordingly, stands disposed of.

(SOUMEN SEN, J.) S.Chandra