Case: In the Goods of Partho De (Dec.) [IA No.GA/2/2020 (Old No.GA/849/2020) In PLA/24/2019]
Excerpt
The Calcutta High Court allowed the Letters of Administration to the sole surviving heir of the deceased. It directed to furnish a personal bond along with two sureties for the intestate property.
Facts
The Applicant was the paternal uncle of the deceased (Mr Partho De). He died in February 2017. The deceased left certain properties as intestate. The applicant claimed to be the only legal heir of the deceased. He thus applied for a grant of Letters of Administration. The order to grant Letters of Administration to the applicant passed in August 2019. The applicant required to furnish a bond with two sureties. Due to financial problems, the applicant applied for modification of the said order. Thus, the Court asked the applicant to furnish a personal bond with one surety in December 2019.
The Applicant filed the instant application for modification of the order of December 2019. He pleaded for the acceptance of LIC policies as a personal bond. Further, he asked permission to deposit monthly pension out of the LIC with the flat title deed. But the Testamentary Court refused such prayer of the applicant.
Argument’s Advanced
Learned counsel for the applicant contended that the applicant submitted the original title deed of the flats situated at Rash Behari Avenue. Also, he submitted the personal bond of Rs.1.5. The applicant argued that the present market value of two flats and three car parking spaces would amount to a personal bond. Further, he produced a certified copy of the inspection book from the Municipality as a supplementary affidavit. The applicant also asked his son to put in Rs.15 lakhs in a fixed deposit account with any bank as surety. He thus pleaded his compliance with the order of October 2020. Hence, the applicant prayed for the possession of a letter of administration in his favour.
Court’s Observations
The Hon’ble Justice Moushumi Bhattacharya reaffirmed the applicant’s statements made in the supplementary affidavit in April 2021. The Court allowed the instant application with certain directions. The Testamentary Department got directions to accept the original title deed of Flat nos.3C and 7A, along with the bond submitted by the applicant. Further, it should accept the original fixed deposit receipt of Rs.15 lakhs with the affidavit of the applicant’s son. The Court also confirmed the original certified copy of the inspection book of Municipality for Flat nos.7A and 3C. Furthermore, the personal bond of Rs.1.5 crores with an affidavit of justification of the surety got accepted. Thus, the Court directed the authorities for the expeditious compliance of the said orders.
Judgement
The Hon’ble Court disposed of the instant application with certain directions. The Court further granted the Letters of Administration to the applicant as the heir to an intestate deceased. It also asked the applicant to furnish a personal bond of Rs.1.5 crores along with two sureties.
Click here to view the Judgement.
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