GIRDHARI N MELWANI Vs. VEENA CHANDRU MELWANI

JUDGEMENT

(1.) The Plaintiffs are two brothers who are two of the 4 sons and 3 daughters of the testatrix, their mother, who executed her last Will and Testament dated 20th March 1991, which is sought to be probated. The Defendants are her daughter-in-law and grand-children. They have sought to challenge the Will pursuant to the Caveat filed by them, which shows their defence in the suit. It is their case that the flat in Belfer Co2 operative Housing Society at 147, Waterfield Road, Bandra (West) Mumbai-400 050 (the Belfer flat), which is essentially the only property left by the testatrix, was purchased out of the earnings of her husband and a bogus Will was prepared to usurp her husband' s property. Defendant No. 1 has claimed that the testatrix suffered from various ailments, for which she was hospitalised and was not in a sound and disposing state of mind. The Will was executed under duress and does not appear to be voluntary and is unnatural as it excludes her grand-children from her estate.

(2.) The testatrix has essentially bequeathed the Belfer flat being flat No. 11 to Plaintiff No. 1 who is one of the executors of her Will. The testatrix had earlier nominated the said flat in favour of both the Plaintiffs herein who are the executors under her Will. The nomination was executed on 1.8.1984. Thereafter the husband of Defendant No. 1, who was serving in Nigeria, returned to India. He resided along with his family consisting of the Defendants in the Belfer flat, though it stood in the name of the testatrix, his mother. The testatrix, her husband and her other sons continued to live in another flat in which the Plaintiffs now reside being flat No. 7, Dhoop Chhaon Co-operative Housing Society, 28th Road, Bandra (West), Mumbai-400 050 (the Dhoop Chhaon flat).

(3.) The husband of Defendant No. 1, Chandru expired on 2nd April 1988.