OD-71 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/466/2022 IN THE GOODS OF : PRANAB NARAYAN BISWAS DECED BEFORE: The Hon'ble JUSTICE KRISHNA RAO Date : 15th January, 2025. Appearance: Mr. Sunnidhya Datta, Adv. …for the petitioner The Court:- Mr. Sunnidhya Datta, Advocate is appearing for the petitioner. The petitioner has filed the present application for grant of probate of the last Will and Testament dated 24th July, 2013 of the testator Dr. Pranab Narayan Biswas. Counsel for the petitioner submitted that the testator has executed his last Will and Testament by appointing the petitioner as his sole executrix of his last will and testament. Counsel for the petitioner submitted the testator died on 24th January, 2018 leaving behind his wife, two daughters and one son. Counsel for the petitioner submitted that after the death of the testator, the wife of the testator also expired on 2nd April, 2021. He submits that the testator has executed his last Will and Testament in presence of the attesting witnesses while possessing good health and in fit state of mind. He submitted that the son and daughter of the testator are also the attesting witness of the Will. Counsel for the petitioner submitted all the legal heirs have filed affidavit of consent and the attesting witnesses have also filed their affidavit stating that the testator has executed his last Will and Testament in their 2 presence by appointing the petitioner as sole executrix of his last Will and Testament while possessing good health and fit state of mind. Heard the learned Counsel for the petitioner, perused the original Will , death certificate of the testator, affidavit of consent of all the legal heirs and the affidavit of the attesting witness. This Court finds that the legal heirs are the only attesting witnesses of the Will and they have stated that they have no objection for grant of probate and it is also stated that the testator has executed his last Will and Testament in their presence while possessing good health and in fit state of mind. Considering the above, this Court finds that the petitioner has made out a case for grant of probate of the Will and is entitled to get the probate. Department is directed to issue probate of the last Will and Testament on compliance of all formalities. At the time of grant of probate, the copy of the Will is to be made as part of the probate. PLA/466/2022 is disposed of. (KRISHNA RAO, J.) S. A. AR(CR)