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2023 DAILYLAW 2080 (CAL)

IN THE GOODS OF NARESH KUMAR MITTAL, DECEASED v. NA

PLA/425/2023 · 2026-09-07

Om Narayan Rai

body2023

Judgment text

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O-21 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/425/2023 IN THE GOODS OF NARESH KUMAR MITTAL, DECEASED BEFORE: The Hon'ble JUSTICE OM NARAYAN RAI Date : 7th September, 2026 Appearance: Mr. Anurag Bagaria, Adv. …for the petitioner. The Court:- This is an application for grant of probate of the last Will and Testament dated December 23, 2018 left behind by the above-named deceased. The mother and father of the testator predeceased him. The testator is survived by three legal heirs who have been described in paragraph 6 of the application. One of them is the applicant and the widow of the testator has consented to the grant. The other son has not granted his consent but has also not come forward to oppose the grant despite issuance of citation. The Department has issued ‘No Caveat Certificate’ indicating that no caveat has been entered against the grant of probate despite issuance of citation. The Will has been proved in common form by both the attesting witnesses. Having regard to the above and since the file has been placed before this Court by the Registrar Insolvency for grant, upon complete scrutiny by the 2 department, therefore, considering the view of the department, this application for grant of probate is allowed by passing orders in terms of prayer (c) of the petition. Accordingly, PLA/425/2023 stands disposed of. (OM NARAYAN RAI, J.) spal