In The Goods Of Dhruv Das Agarwal (Dec.) v. Na

ORDER SHEET OD-52 PLA/545/2022

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION

IN THE GOODS OF:

DHRUV DAS AGARWAL, DECEASED

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 27th July, 2023.

Appearance:

Mr. S. N. Pandey, Adv.

Mr. Deepan Kumar Jain, Adv.

The Court :- This is an application for grant of probate in respect of the last Will and Testament left behind by the deceased abovenamed on 24th August, 2022. The applicant claims to be an adopted daughter of the testator and his wife, but no, prima facie, document is available to show the adoption. The only pleading is in paragraph 6 of the application wherein it has been stated that the adoption took place through a ceremony of Datta Homam held at Flat No. 36 Kohinoor Building at No. 105 Park Street, Kolkata 700 016. Inasmuch as the adoption has not been challenged till date and as such the statement in paragraph 6 of the petition shall be presumed to be correct. Considering this position and the view of the department upon complete scrutiny, let probate be granted in the matter by passing an order in terms of prayer (a) of the petition.

The petition for grant of probate stands disposed of, accordingly. (ARINDAM MUKHERJEE, J.) snn