VINAYAKRAO SHANTILAL DESAI Vs. NIL

JUDGEMENT

(1.) Two connected matters, viz., Special Civil Application No. 9792 of 2018 and Letters Patent Appeal No. 1012 of 2018 have been filed by Mr.Vinayakrao Shantilal Desai who has appeared in person ("Mr. V.S. Desai, party-in-person") to argue the matter.

(2.) The appeal has been presented on 11/6/2018 challenging the judgment and order dtd. 1/5/2018 passed by the learned Single Judge in Testamentary Petition No.1 of 2018, filed under Sec. 300 of the Indian Succession, 1925. The party-in-person, viz. Mr. V.S. Desai who is the original petitioner in the testamentary suit, sought probate of the 'Will' executed by him as Manager in the name of Ms. Shraddhaben Manjulal Majmudar, for her properties.

(3.) It may be noted that the original petitioner, party-in-person was appointed as the Manager of Ms.Shraddhaben under the Mental Health Act, 1987 (hereinafter referred to as "M.H. Act") by an order dtd. 11/4/2012 passed in Misc. Civil Application No. 79 of 2017 by the District Judge, Vadodara. There is no dispute about the fact that Ms.Shraddhaben was mentally ill person and treated as indoor patient at the hospital for mental health. She had died on 1/1/2018 at the age of 76 years. The Will-in-question was executed in her name during her lifetime on 23/2/2016.