District: 24-Parganas (South)
IN THE COURT OF THE LEARNED DISTRICT DELEGATE AT ALIPORE
Act 39 (PROBATE) Case No. Of 2014
In the matter of:
ANILA ROYCHOWDHURI, wife of late Nripendra
Narayan Roychowdhuri , lastly Resided at
Premises No. 353/N, Matilal Gupta Road,Police
Station- Thakurpukar, Kolkata- 700082;
…………. Deceased
- And –
In the matter of:
An application for grant of Probate under Section 276
of the Indian Succession Act, 1925 in respect of last
Will and Testament of the deceased above named with
a copy of the Will annexed;
In the matter of:
SRI DIPAK ROYCHOWDHURI, son of late
Nripendra
Narayan Roychowdhuri , lastly Resided at
Premises
No. 353/N, Matilal Gupta Road,Police
Station- Thakurpukar, Kolkata- 700082;
………….. Petitioner/Executor
The humble petition on behalf of the Petitioner
abovenamed.
Most
Restpectfully Sheweth :
1. That the abovenamed deceased Anila
Roychowdhuri, wife of Late Nripendra Narayan Roychowdhuri, since deceased ,was
a Hindu governed by Dayabhaga School of Hindu Law.
2. That the abovenamed deceased Anila
Roychowdhuri, wife of Late Nripendra Narayan Roychowdhuri died on 17.10.2001and
lastly lastly Resided at Premises No. 353/N, Matilal Gupta Road,Police Station-
Thakurpukar, Kolkata- 700082 which was permanent and fixed place of above prior
to his death, which is within the jurisdiction of this Learned Court. A copy of
the Death Certificate of the said deceased is annexed hereto.
3. That during his lifetime, the said
deceased executed his last Will and Testament typed and written in Bengali
Language and Character on 12th January, 1999, where that Will typed
by Ratan Gopal Kundu and drafted by Advocate Krishna Saha and the writing
annexed hereto is the said original last Will and Testament of Anila Roychowdhuri,
since deceased. A copy of the said Will is annexed herewith.
4. That the said Will was registered by
the office of District Sub Registrar- III, being no. 8, book no. III, volume
no. 1, pages 58 to 63 in the year of 1999.
5. The petitioner herein is the elder
son of the testator and was appointed by the abovenamed deceased as one of the
Executor of the said Will.
6. The petitioner/ Executor i.e. Sri
Dipak Roychowdhury has applied for the said Will and Testa ment of Anila
Roychowdhuri, since deceased, before this Learned Court.
7. That the abovenamed deceased Anila
Roychowdhuri leaving behind the following legal representatives and their
respective residence and given below, who would have become entitled to his
property in case of intestacy:-
Name
Address Relation of
deceased
1. Sri Dipak Roychowdhury 353/N, Matilal Gupta Road,P.S. Elder son/
- Thakurpukar, Kolkata- 700082
Petitioner
2. Sri Shyama Prasad 353/N, Matilal Gupta
Road,P.S. Younger son
Roychowdhury - Thakurpukar, Kolkata- 700082
3. Smt. Bharati Majumdar 136, Kamrahati, North 24 Daughter
w/o Kabi Majumdar
Parganas
8. That, to the best of your
petitioner’s belief, no application has as yet been made by anybody to any
other Court for Probate of the said Will or for Letter of Administration of the
estate of the said deceased.
9. That the Testator duly executed the
said Will on 12.01.1999 in sound health and mind with full testamentary
capacity to understand the meaning and true purport thereof in presence of the attesting witness,
namely (i) Bela Kar of 283/1, Matilal Gupta Road, P.O. Haridevpur, Kolkata-
700082, (ii) Dipali Das of 276/N, Matilal Gupta Road, Shib tara Bhawan,
Kolkata- 700082 and (iii) Dilip Ghosal of 382, Matilal Gupta Road, Kolkata-
700082, who also duly attested the said Will by putting their respective
signatures in presence of the Testator.
10.
It is pertinent to mention here that at the
time of execution and attestation of the said Will besides the Executor and all
the aforesaid attesting witnesses including Advocate Ld.Krishna Saha and Typist
Ratan Gopal Kundu were present there.
11.
That all the above attesting witnesses are
well wisher of the family of the Testator and had/ have been acquainted with
them for a long time.
12.
That the petitioner being the elder son/ legal
heir and Executor of the said Will has the right to apply for and obtain the
grant of Probate as per law.
13.
That the value of the estate of the said
deceased within India which are likely to come in the hands of the
beneficiaries after the grant of Probate will not exceed Rs. /- only, as
it will appear from the Affidavit of Assets affirmed and filed hereto to be
relied upon at the time of hearing and your petitioner is ready and willing to
pay the maximum Court Fees in respect thereof.
14.
That except this application no other
proceedings for granting the Probate or Letter of Administration of Succession
Certificate or any other proceedings was filed anywhere in respect of the
instant Will.
15.
Your petitioner submits that unless the
Probate with a copy of the Will annexed is granted to your petitioner of the
aforesaid Will to administer the estate of the deceased above named and to deal
with the said properties as mentioned in the Schedule of the Affidavit of
Assets without furnishing any security the interest of your petitioner will be
seriously prejudiced and your petitioner will irreparable loss and injury.
16.
That instant application is made bonafide and
for the ends of justice.
It is therefore, humbly prayed that your Honour
may be pleased to grant Probate of the last Will
and Testament dated 12.01.1999, executed by
Anila Roychowdhuri, since deceased with a copy
of the Will annexed and
/or be pleased to pass
such Order or Orders as your Honour may deem
fit and proper.
And for this your petitioner as in duty bound, shall ever pray.
Declaration
I, Dipali Das daughter of residing
at 276/N, Matilal Gupta Road,Shib Tara Bhawan, P. S.- Thakurpukar, Kolkata-
700082 do hereby declare and state that I being one of the attesting witnesses
of the Will saw Anila Roychowdhuri, the Testator, herein executing the said
Will and Testament dated 12.01.1999 in sound health and mind with full
testamentary capacity having understood the true meaning and purport thereof in
my presence of the other attesting witness namely Bela Kar and Dilip Ghosal.
Verification
I, Sri Dipak Roychowdhury , the petitioner/ executor do hereby declare
and state that the statement contained in paragraph Nos. 1 to 16 above are true
to the best of our knowledge and belief and rest of my humble submission before
the Learned Court. I sign on this
day of , 2014 at my
Advocate’s Chamber.
AFFIDAVIT
I, Sri Dipak Roychowdhury son of late
Nripendra Narayan Roychowdhuri and elder son of Anila Roychowdhuri since
deceased, aged about 78 years, by occupation-
business, presently residing at 353/N, Matilal Gupta Road,Police
Station- Thakurpukar, Kolkata- 700082, do hereby solemnly affirm and say as
follows:-
1. That I swear the Affidavit as I am
well conversant with the facts and circumstances of the instant Case.
This
is true to my knowledge.
2. That the statements made in the
foregoing paragraphs are all true to my knowledge and belief and rests thereof
are my submission before this Learned Court.
D E P O N E N T
Identified by me:
Advocate.
District: 24-Parganas (South)
IN THE COURT OF THE LEARNED DISTRICT DELEGATE AT ALIPORE
Act 39 (PROBATE) Case No. Of 2014
In the matter of:
ANILA ROYCHOWDHURI, wife of late
Nripendra
Narayan Roychowdhuri , lastly Resided at
Premises No. 353/N, Matilal Gupta Road,Police
Station- Thakurpukar, Kolkata- 700082;
…………. Deceased
- And –
In the matter of:
An application for grant of Probate under Section 276
of the Indian Succession Act, 1925 in respect of last
Will and Testament of the
deceased above named with
a copy of the Will annexed;
In the matter of:
SRI
DIPAK ROYCHOWDHURI, son of late Nripendra
Narayan Roychowdhuri , lastly Resided at
Premises No. 353/N, Matilal Gupta Road,Police
Station-
Thakurpukar, Kolkata- 700082;
………….. Applicant
AFFIDAVIT- OF- ASSETS
I, Sri Dipak Roychowdhury son of late Nripendra Narayan Roychowdhuri and
elder son of Anila Roychowdhuri since deceased, aged about 78 years, by
occupation- business, presently residing at 353/N, Matilal Gupta Road,Police
Station- Thakurpukar, Kolkata- 700082, do hereby solemnly affirm and say as
follows:-
1. That I have truly set-forth in the
annexure are to this Affidavit all properties which the abovenamed deceased
died possessed of or was entitled to at the time of her death.
2. That I truly set-forth in Annexure “B”
of this Affidavit all the terms which by law allotted to deduct.
3. That I further state that the said
assets exclusive only of such last mentioned items but inclusive of all rates,
interests, dividends and increased value of Rs. /-.
4. That the statements contained in the foregoing
Affidavit are true to my Knowledge and belief.
ANNEXURE – “A”
SCHEDULE
OF ASSETS
(Valuation of movable and
immovable properties
of the
deceased abovenamed)
1. Cash in hand
: Nil
2. Cash in Bank : Nil
3. Household furniture and :
Utensils
4. Jewellery :
5.
IMMOVABLE PROPERTY : Rs. 30,00,000/-
ALL THAT the undivided piece and parcel of
land hereditaments and one storied building consisting three room, one kitchen
room, one varandha and one toilet constructed on the land measuring 5(five)
cottahs 0(zero) chittack and 0(zero) sqare feet be the same a little more or
less in premises no. 353/N, Matilal Gupta Road,Police Station- Thakurpukar,
Kolkata- 700082, District- south 24 parganas, Mouza- Sayedpur, Parguna- Magura,
sabek Khatian no.356, Hal khatian no. 608, Dag no. 113, J.L.No. 12, Sub
Registree office Behala, ward no.122
under Kolkata Municipal Corporation and Assessee no. 411220801474
6. Household property : Nil
7. Policy in Life Insurance : Nil
8. Movable Property : Nil
--------------------------------------------------
Total : Rs.
Amount deducted as shown as : Rs.
Annexure – “B”
---------------------------------------------------
Total :
ANNEXURE – “B”
(Due and qwing
from the deceased abovenamed payable by
amount of the Estate)
1. Income Tax paid : Nil
2. Gift Tax paid
: Nil
3. Amount of Funeral expanses
And Shradh Ceremoney : Rs. 50,000/-
4. Propery held in trust beneficial :
Nil
Or with general power to
Transfer beneficial
interest.
--------------------------------------------
Total : Rs. 50,000/-
Prepared in my office:
D
E P O N E N T
Advocate
Identified by me:
Advocate.
AFFIDAVIT
I, Sri Shyama Prasad Roychowdhury son of late Nripendra
Narayan Roychowdhuri and elder son of Anila Roychowdhuri since deceased, aged
about 78 years, by occupation- business, presently residing at 353/N, Matilal
Gupta Road,Police Station- Thakurpukar, Kolkata- 700082, do hereby solemnly
affirm and say as follows:-
1. That I am one of the consentees/
petitioners herein and am well conversant with the facts and circumstances of
the instant Case.
This
is true to my knowledge.
2. That the statements made in the
foregoing paragraphs are all true to my knowledge and belief and rests thereof
are my submission before this Learned Court.
D E P O N E N T
Identified by me:
Advocate.
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