ROHINI DAMJI SIDPRA Vs. FRENY DAMJI SIDPRA

JUDGEMENT

(1.) Heard petitioner in person and Counsel for the respondent.

(2.) An ancillary probate was granted in testamentary Petition No. 211 of 1959 on 26.5.1959 by the Bombay High Court. This has been challenged by the petitioner in the High Court.

(3.) Petitioner's father Damji migrated to uganda in 1932 from the then Saurashtra and married second time there, with respondent no. 1 and six daughters and two sons were born from their wedlock. Petitioner is the daughter from this 2nd marriage. Her father Damji executed the Will on 18th March, 1958. Respondent no. 1, the mother of petitioner was the executrix of the Will - filed petition for probate before Uganda High Court being Probate case No. 33 of 1958. The probate was granted on 24th September, 1958. At the time of death of petitioner's father on 19.3.1958, the petitioner was about 23 years and studying in London and copy of the Will was sent to her in London. Since some of the properties of late Damji were then within the jurisdiction of Bombay High Court, respondent no. 1 filed Testamentary Petition in that Court for the grant of ancillary probate which was granted on 26th May, 1959.