OD-29 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/488/2023 IN THR GOODS OF : SARDA ALIAS SHARDA MEHRA (DEC.) BEFORE: The Hon'ble JUSTICE KRISHNA RAO Date: 28th January, 2025 Appearance: Mr. Somnath Ganguly, Adv. Mr. Rahul Singh, Adv. …for the petitioner The Court: Mr. Somnath Ganguly, learned Counsel, is appearing for the petitioner. The petitioner has filed the present application for grant of probate of the last Will and Testament dated 10th August, 2016 of the testatrix, namely, Sharda Mehra. Counsel for the petitioner submits that testatrix has executed her last Will and Testament while possessing good health and fit state of mind by appointing the petitioner as sole executor of her last Will and Testament in presence of two attesting witnesses. Counsel for the petitioner submits that the testatrix died on 8th November, 2017 and the husband of testatrix was pre-deceased to the testatrix. The testatrix died leaving behind only one legal heir who is the petitioner before this Court. Initially one attesting witness has filed the affidavit but during the pendency of the case, the said attesting witness died and subsequently, another attesting witness, namely, Shashi Bhusan Sinha 2 has filed his affidavit stating that testatrix has executed her last Will and Testament in his presence and in presence another attesting witness while possessing good health and fit state of mind by appointing the petitioner as sole executor. Considered the submission made by the Counsel for the petitioner. Perused the original Will, death certificate of the testatrix and the affidavit of attesting witness. This Court finds that the petitioner has proved the Will and is entitled to get probate. Accordingly, the Department is directed to issue probate of the last Will and Testament dated 10th August, 2016 on compliance of all formalities. At the time of grant of probate, the copy of the Will be made as part of the probate. Accordingly, PLA/488/2023 is disposed of. (KRISHNA RAO, J.) Sbghosh