The court validates the testament of a deceased individual under statutory provisions affirming the applicant's entitlement to Letters of Administration.

The Hons’tb le Justice BISWAROOP CHOWDHURY Date: 01 September 2025 Appearance Mr.Anirban Ray, Sr.Adv. Mr. Snehashis Sen, Adv.

This is an application for grant of Letters of Administra t i..o.fnor tihne rpeestiptieocnet r.of The Court:

the said last will and Testament of the deceased Kishori Lal Jalan dated 13th November 2009 with effect throughout the Union of India, filed by the applicant. It is the contention of the applicant that Kishori Lal Jalan since deceased was during his life times a Hindu Governed by Mitak Shara School of Hindu Law. Kishori Lal Jalan published his last Will and testament on 13th November 2009 where the testator appointed the Executors of the said Will. The last Will and testament dated 13th November 2009 was presented for registration on 30th April 2010 at 9 Alipore Road, Kolkata-700027 the residence of the deceased before the Additional District Sub Registrar Alipore and which was registered on 3rd May 2010 in Book No-III, CD Volume No.1, Pages 1654 to 1661 being no. 00165 for the year 2010. Kishori Lal Jalan died on 6th December 2010.

Pursuant to death of Kishori Lal Jalan application for grant of Probate was filed by one of the Executors to the will namely Ajay Agarwal son of Ram Krishna Agarwal.

During pendency of the application for grant of Probate Ajay Agarwal expressed his unwillingness to pursue the application further for which the present applicant Vishal Jalan filed an application being GA-23 of 2020 to discharge Ajay Agarwal and to convert the application for grant of probate to an application for grant of Letters of administration in favour of the applicant.

By Order dated 15th January 2021 this Hon’ble Court was pleased to discharge the executor Ajay Agarwal and convert the instant proceedings into a proceedings for grant of letters of administration with the will annexed.

As the heirs of the said deceased died leaving his one son and one daughter surviving as his heirs and legal representatives namely a) UMESH JALAN and b) UMA ALMAL (nee JALAN) both general citations and special citation was issued upon the heirs. Both the heirs filed 2 applications being GA. 394 of 2012 and GA. 395 of 2012 for condonation of delay in filing Vokalatnama and Caveat and leave to lodge Vokalatnama and Caveat. The said applications were dismissed on merits by co- ordinate Bench of this Hon’ble Court. The Legal heirs being aggrieved preferred an appeal and the order of dismissal was set aside and the matter was remitted to the Trial Court for re-consideration. The application for leave to lodge Caveat and Vokalatnama being (GA. No. 395 of 2012) was re-numbered as GA. No. 2 of 2012. The hearing of the main application along with G.A. No. 2 of 2012 appeared on 21/08/2025. As none appeared to move the application G.A. 2 of 2012 inspite of service of notice the said application was dismissed for non-prosecution, and the main matter was heard.

Upon perusing the evidence adduced it appears that the Attesting Witness Bhawani Shankar Purahit deposed that he prepared the Will on the instruction of Mr. Kishori Lal Jalan. Bhawani Shankar Purahit further identified his own signature, signature of Kisori Lal Jalan appearing in the Will and the other attesting witness Gobinda Prasad Agarwal. He also stated that pursuant to execution of the Will as per instruction of Kishori Lal Jalan the said Will was registered. In support of the Execution of the Will he has filed an affidavit before the Oath Commissioner.

Upon hearing the Learned Advocate3 and upon perusing the evidence adduced it appears that the deceased Kishori Lal Jalan had the mental capacity provided under Section 59 of the Indian Succession Act 1925. The Will was executed as per the provisions contending Section 63 of the Indian Succession Act and one of the attesting witnesses was examined under Section 68 of the Indian Evidence Act. Thus the applicant is entitled to the grant of Letter of Administration.

Lets Letters of Administration be granted to the applicant in