PARI HINGORANI Vs. SHAKUNTALA

JUDGEMENT

(1.) The basic question raised by Pari Hingorani and her husband, who are beneficial legatees under the will which is subject matter of the probate proceedings, is whether Shakuntala, a residuary legatee, ought to be restrained from proceeding with action in a London Court for grant of probate of the will to her.

(2.) Dr. Rochiram Udhavdas Hingorani, hereinafter referred to as Dr. Hingorani, a Hindu, executed a will dated 14-2-1979 at Delhi, but did not appoint an executor. The testator bequeathed property No. 42, Anandlok in Delhi to his son Ram, his wife Pari and their daughter Angela. Except this property, he left unspecified residue of the estate to his daughter Shakuntala and her legal heirs. Relevant clauses 2 and 4 of the will read as follows :-

(3.) Dr. Hingorani died on 28-4-1986 at London. Pari filed the main petition under Ss.276 and 300 of the Indian Succession Act 1925, hereinafter referred to as the Act, for grant of probate or letters of administration to her. She named her husband Ram, daughter Angela and Shakuntala, among others, as near relatives of the deceased.