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2026 DAILYLAW 43127 (CAL)

IN THE GOODS OF MOHIT AGARWAL, DECEASED v. NA

PLA/420/2024 · 2026-09-22

Partha Sarathi Chatterjee

body2026

Judgment text

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OD-12 PLA/420/2024 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE In The Goods Of: MOHIT AGARWAL (DECEASED) BEFORE: The Hon'ble JUSTICE PARTHA SARATHI CHATTERJEE Date : 22nd September, 2026 Appearance: Mr. Samriddha Sen, Adv. Mr. Shiv Ratan Kakrania, Adv. Ms. Jiya Bose, Adv. Ms. T. Bhattacharyya, Adv. Ms.Zairat Hussain, Adv. ...for the applicant. The Court: This is an application for grant of probate in respect of the last Will and Testament dated January 17, 2022 executed by the testator namely, Mohit Agarwal (since deceased). All the legal heirs of the testator, as detailed in paragraph 6 of the application, have entered appearance and, by filing affidavits, expressed their consent to the grant of probate. The record further reveals that the attesting witness, namely, Kalyan Chakraborty, also, by filing an affidavit, stated that the Will was executed in his presence and that he had seen the deceased put his signature on the said Will and Testament, and that the testator had also witnessed him sign the Will. The attesting witness has further stated that, at the time of execution of the Will, the testator was in a sound and disposing state of mind. 2 In the application for grant of probate, it has been stated that the subject Will was the last Will and Testament of the testator and that the testator had a permanent place of abode within the jurisdiction of this Court. The petitioner has also mentioned the amount and/or value of the assets likely to come into his hands in the event probate is granted in respect of the Will in question. Therefore, it appears that the applicant has complied with all the formalities as prescribed under Section 276 of the Indian Succession Act, 1925. In view thereof, I find that the Will is fit to be probated. Accordingly, let probate be granted in respect of the last Will and Testament dated January 17, 2022 of the testator namely, Mohit Agarwal (since deceased) upon deposit of ad valorem court-fees. PLA/420/2024 stands disposed of accordingly. (PARTHA SARATHI CHATTERJEE, J.) A/s.