OD-21 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/213/2024 IN THE GOODS OF : RAJENDRA PRASAD AGARWAL, DECEASED BEFORE: The Hon’ble JUSTICE KRISHNA RAO Date: 17th March, 2025. Appearance: Mr. Rahul Poddar, Adv. Ms. Anjali Tulsian, Adv. …for the petitioner 1. Mr. Rahul Poddar, learned Counsel, is appearing for the petitioner. 2. Petitioner has filed the present application for grant of probate of the last Will and Testament dated 19th February, 2023 of the testator Rajendra Prasad Agarwal. 3. Counsel for the petitioner submits that the testator had executed his last Will and Testament in presence of two attesting witnesses by appointing the petitioner as sole executor of his last Will and Testament. The executor is the son of the testator. The testator died on 24th March, 2023 leaving behind three legal heirs, that is, his wife Smt. Karan Agarwal, his 2 daughter Kanupriya Bagrodia and one son Ravindra Agarwal, who is the petitioner before this Court. 4. The Testator died on 24th March, 2023. All the legal heirs, that is, wife and the daughter, have filed their affidavit of consent stating that they have no objection for grant of probate to the petitioner of the last Will and Testament of the testator. 5. Both the attesting witnesses have filed their affidavit stating that the testator has executed his last Will and Testament in their presence by appointing the petitioner as sole executor of his last Will and Testament while possessing good health and fit state of mind. 6. Considered the submission made by the Counsel for the petitioner. Perused the original Will, death certificate of the testator, affidavit of consent of both the legal heirs and affidavits of both the attesting witnesses. Both the legal heirs of the testator have categorically stated that they have no objection for grant of probate to the petitioner. The attesting witness in their affidavits have stated that the testator has executed his last Will and Testament in their presence while possessing good health and fit state of mind by appointing the petitioner as sole executor of his last Will and Testament. 7. Considering the above, this Court finds that the petitioner has proved the Will and is entitled to get the probate. 3 The department is directed to issue probate to the petitioner of the last Will and Testament dated 19th February, 2023 on compliance of all formalities. At the time of grant of probate, the copy of the Will be made part of the probate. PLA/213/2024 is disposed of. (KRISHNA RAO, J.) gb.