OD-22 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/219/2024 IN THE GOODS OF : MANICK LAL GHOSH, DECEASED BEFORE: The Hon’ble JUSTICE KRISHNA RAO Date: 17th March, 2025. Appearance: Mr. Debdutta Raha, Adv. Mr. Gopal Das, Adv. Mr. Sourav Jana, Adv. …for the petitioner 1. Mr. Debdutta Raha, 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 2nd May, 2003 of the testator Manick Lal Ghosh. 3. Counsel for the petitioner submits that the testator during his life time has executed his last Will and Testament in presence of six attesting witnesses by appointing the petitioner as sole executor of his last Will and Testament. 2 4. Counsel for the petitioner submits that the testator died on 26th January, 2021. The wife of the testator was predeceased to the testator who died on 30th January, 2020. He has submitted that one of the daughter, namely, Gayatri Ghosh, was also the predeceased to the testator who died on 09.11.2020 leaving behind her husband and one son. 5. Counsel for the petitioner submitted that the testator died leaving behind six legal heirs, that is, three daughters, one son, who is the petitioner before this Court, son-in-law and grandson. All the legal heirs have filed their affidavit of consent stated that they have no objection for grant of probate of the last Will and Testament of the petitioner. All the legal heirs are also the attesting witnesses to the said Will and four of the legal heirs have also 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, death certificate of the wife of the testator, death certificate of the daughter of the testator, affidavit of consent of all the legal heirs and affidavits of the attesting witnesses. This Court finds that all the legal heirs are also the attesting witnesses of the said Will and in their affidavits they have categorically stated that they have no objection for grant of probate to the petitioner. 3 7. It is also stated that the testator has executed his last Will and Testament by appointing the petitioner as sole executor of his last Will and Testament by possessing good health and fit state of mind. 8. Considering the above, this Court finds that the petitioner has proved the Will and is entitled to get the probate. 9. The department is directed to issue probate of the last Will and Testament dated 2nd May, 2003 of the testator Manick Lal Ghosh on compliance of all formalities. At the time of grant of probate, the copy of the Will be made part of the probate. PLA/219/2024 is disposed of. (KRISHNA RAO, J.) gb.