Calcutta High Court
Sharda Devi Poddar vs Pradip Kumar Chamaria on 17 May, 2024
ORDER SHEET
OD-52
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
TS No. 3 of 2020
IN THE GOODS OF:
SHARDA DEVI PODDAR
VERSUS
PRADIP KUMAR CHAMARIA
VERSUS
SM. SUMAN GANERIWALA
BEFORE:
The Hon'ble JUSTICE APURBA SINHA RAY
Date: 17th May, 2024.
Appearance:
Mr. Supratim Laha, Adv.
Ms. Anjana Banerjee, Adv.
For the petitioner.
The Court:- The instant suit has been brought by the executor, Pradip Kumar Chamaria, praying for grant of probate in respect of the Will of one Sharda Devi Poddar which was executed on 17 th April, 2006.
The testatrix died on 29th April, 2006 leaving behind her legal heirs Rajiv Kumar Poddar, Sanjeev Kumar Poddar, Suman Ganeriwala and Amita Sonthalia. Her husband pre-deceased her. Special citation was issued and one of the daughters, namely, Suman Ganeriwala filed caveat on 28 th February, 2007 and in support of such caveat she also filed one affidavit.
By order dated 27th September, 2016 the probate application has been converted into a testamentary suit. During pendency of probate proceedings Suman Ganeriwala died leaving behind her husband and two daughters. The plaintiff filed an application for recording the death of Suman Ganeriwala and 2 substituting the legal heirs of Suman Ganeriwala since deceased and the said application was allowed by this Court on 4 th February, 2022. No one contested from the side of the said substituted defendants. One attesting witness, namely, Mr. Sanjeev Kumar Poddar, has been examined. The said witness has submitted that at the time of execution of the Will his mother was mentally fit. The said witness has further stated that the other attesting witness, Mr. Krishna Kumar Chamaria, was bed ridden and he was 88 years old at the time of recording his deposition.
As the said deposition was not challenged, it remains uncontroverted. Since there is nothing adverse against the deposition of the attesting witness, Mr. Sanjeev Kumar Poddar, I find that there is no material to disbelieve the genuineness of the Will executed by Sharda Devi Poddar on 17 th April, 2006.
Let there be an order in terms of prayer [c] of the application subject to compliance of all legal formalities.
TS No. 3 of 2020 is, thus, disposed of accordingly.
(APURBA SINHA RAY, J.) snn.