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2025 DAILYLAW 3425 (CAL)

IN THE GOODS OF R DEVRAJ MARWAH ALIAS DR DEV RAJ MARWAHA DECEASED v. NA

PLA/175/2025 · 2026-08-06

Om Narayan Rai

body2025

Judgment text

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ORDER SHEET OD-8 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/175/2025 IN THE GOODS OF: R DEVRAJ MARWAH ALIAS DR DEV RAJ MARWAHA DECEASED BEFORE: The Hon’ble JUSTICE OM NARAYAN RAI Date: 6th August, 2026. Appearance: Mr. Amit Gupta, Adv. Mr. Debarik Banerjee, Adv. Ms. M. Mukherjee, Adv. Ms. S. Chatterjee, Adv. Mr. Amaar Deep Gupta, Adv. …For the Petitioner The Court :- This is an application for grant of probate of the last Will and testament dated May 8, 2013 left behind by the above named deceased. The Will the same was registered in the office of the Additional District Sub-registrar on May 8, 2013. The testator is survived by three known legal heirs, who have been described in paragraph no.5 of the application. The application states that the eldest daughter of the deceased has died but the particulars of the heirs of the deceased daughter are not known to the executor. In terms of the order dated September 4, 2025 passed by a Co-ordinate Bench of this Court, general citation was issued and the same was also published in two newspapers. However, no caveat has been lodged. A no caveat certificate to that effect has also been issued by the department. Of three known legal heirs of the testator, the younger daughter is the sole executrix the other two have consented to the grant by affirming affidavits of 2 consent. The Will has been proved in common form by the affidavit of one of the attesting witnesses. Having regard to the aforesaid and since learned Registrar (Insolvency) has placed this file before this Court for grant; upon complete scrutiny by the department, therefore, considering the view of the department, the application for grant of probate is allowed by passing orders in terms of prayer (c) of the application. PLA No. 175 of 2025 stands disposed of. (OM NARAYAN RAI, J.) JM