MEENA VASANT PATEL Vs. PRITH VIRAJ AMBALAL PATEL

JUDGEMENT

(1.) The lis in the aforesaid two suits is essentially between a brother and a sister. Both have set up and relied upon one Will each of their mother. Both have objected to the Will produced by other.

(2.) The father of the parties had initially executed a Will on 22nd March 1978. That Will was drafted and executed in the office of M/s.Shantilal & Company, Attorneys-atlaw.

(3.) The Will of the father, running into 2 pages, shows his separate and self acquired properties contained in his 50% share in a partnership firm of A.P. Patel & Company at Jalna. The father had 60% share in the said partnership firm. His son (the brother herein) had 40% share therein. He had bequeathed 50% share to his wife and 10% share to his son making shares of the son and the wife equal in the partnership. The residential building owned by the father at Jalna was bequeathed to his son. The residue of his estate was bequeathed to the wife. The daughter (the sister herein) was not bequeathed any estate. That aspect has not been challenged. The brother continued the business with the mother. The brother continued to reside in Jalna. The sister has been married and settled in London, United Kingdom.