PURAN JETHANAND JATTANI Vs. MALTI PARMANAND CHATPAR

JUDGEMENT

(1.) This Interim Application is filed to set aside and reject the Caveat CTSL No. 89 of 2019 filed by the Caveatrix Ms. Juthica Lalit Jhangiani. The basis on which the Caveat is sought to be set aside / rejected is on the following grounds:

(2.) It is on the basis of these three contentions that the petitioner / applicant seeks an order to set aside/reject the Caveat CTSL No. 89 of 2019.

(3.) To decide this controversy, a few facts may be necessary. The deceased - Ms. Malti Parmanand Chatpar expired on 9th April, 2018. Prior to her death, she had executed a Last Will and Testament dated 11th November, 2008. This Will is registered and is the subject matter of the above Testamentary Petition. It is not in dispute that the applicant / petitioner as well as the Caveatrix are both Class II heirs of the deceased who was a spinster at the time of her death. The applicant / petitioner is the son of the sister of the deceased. The sister of the deceased expired sometime in the year 2006. On the other hand, the Caveatrix is the daughter of the brother of the deceased. The brother of the deceased expired as far back as in 1991.