Calcutta High Court
Smt. Mrudula Sanghvi (Deced) vs Unknown on 30 July, 2025
Author: Sugato Majumdar
Bench: Sugato Majumdar
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
ORIGINAL SIDE
Present:
The Hon'ble Justice Sugato Majumdar
PLA/177/2018
IN THE GOODS OF : SMT. MRUDULA SANGHVI (DECED)
For the Petitioner : Mr. Udaynarayan Betal, Adv.
Hearing concluded on : 30/07/2025
Judgment on : 30/07/2025
Sugato Majumdar, J.:
This is an application for grant of probate of the last will and testament dated
3rd May, 2017 of the Testatrix Mrudula Sanghvi.
Mrudula Sanghvi, since deceased, wife of late Mahendra Sanghvi, breathed
her last on 16/06/2017 at her residence at A-8, 4th Floor, Bhagyakul Mansion, 22,
O.C. Ganguly Sarani, Kolkata-700020. At the time of death, she was Hindu,
governed by the Mitakshara School of Hindu Law. Prior to her death, she executed
her last will and testament dated 3rd May, 2017, appointing her nephews Dr. Hitesh
Sanghvi and Sri Divyesh Sanghvi as the Executors.
Citations were issued. No caveat was lodged. The probate proceeding became
uncontentious.
The attesting witness and the executor were examined.
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The attesting witness identified the signatures of the Testatrix in the will. The
signature of the attesting witness was also identified by him. He deposed that the
Testatrix put her signature in the last page whereas he put his initials to authenticate
the will at the bottom of each page. The will was drafted by him. He deposed to that
extent. He further stated that the Testatrix was physical fit and mentally alert and in
good health at the time of execution of the will; she was not bed ridden. Her
husband pre-deceased her and she had neither any son nor any daughter. He further
stated that prior to the execution, the contents of the will was discussed with him by
the Testatrix and accordingly he prepared the will. He further deposed that there
was no pressure from any corner for execution of the will. The attesting witness thus
proved execution of the will in terms of Section 63 of the Indian Succession Act,
1925.
The Executor also deposed as a witness. Death certificate was adduced in
evidence and marked.
The witnesses deposed that this was the last will and testament.
On appreciation of evidence, due execution of the last will and testament
dated 3rd May, 2017 is proved. Let probate be granted.
Statement of inventory and accounts shall be filed within six months from the
date of issue of the probate.
The instant probate application stands disposed of.
(Sugato Majumdar, J.)