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2025 DAILYLAW 72923 (CAL)

IN THE GOODS OF BABULAL AGARWALA (DEC.) v. NA

PLA/15/2021 · 2025-12-09

Sugato Majumdar

body2025

Judgment text

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OD-21 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/15/2021 IN THE GOODS OF: BABULAL AGARWALA (DEC.) BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 9th December, 2025. Appearance: Mr. Vikash Baisya, Adv. Ms. R. Seal, Adv. Mr. Anshunath Chakraborty, Adv. …for the petitioner. The Court :- This is an application praying for grant of probate of the last Will and Testament of the deceased Babulal Agarwala. The deceased Babulal Agarwala was Hindu who had his last place of abode at 65, Chintamoni Dey Road, Jagachha, Howrah-711101. The said Babulal Agarwala breathed his last on 12.09.2020. Prior to his death, he executed one Will and Testament on 19.12.2019. The instant application has been filed by the Executor being the son of the deceased. No objections were made even then citations were issued and there is no caveat. As such, the instant application is a non-contentious one. P.W.-1 is the attesting witness being the son-in-law of the Testator. He was present and signed the Will in presence of the Testator who executed the same in presence of the attesting witness. The Testator was physically fit and 2 mentally alert at the time of execution of the Will. The daughter of the Testator was also present at the time of execution of the Will. Unchallenged testimony of the witnesses establish that the Will was executed, being the last Will and Testament, in terms of Section 63 of the Indian Succession Act. Let probate be granted. Inventory and accounts shall be filed within six months from the date of grant of probate. The instant application stands disposed of. (SUGATO MAJUMDAR, J.) KB AR(CR)