ARUP KUMAR BANERJEE Vs. NEENA AMAR CHAUDHARI

JUDGEMENT

(1.) The Plaintiff has sought to probate the Will of his mother Gouri Banerjee dated 30th July 1978 as the last Will and testament executed by the deceased on that day. The deceased died on 11th February 1996. The Plaintiff is the son of the deceased. The Plaintiff 's sister was the other heir of the deceased. She died soon after the deceased on 23rd February 1996 leaving behind her daughter as her only heir and legal representative. The said daughter is the Defendant in this suit.

(2.) The only essential property of the deceased is a flat in which she resided being Flat No. 1A, Evergreen, 1st floor, Perry Co op. Hng. Society Ltd., Perry Road, Bandra, Mumbai 400 050. There is a dispute with regard to the title of the flat in the Civil Court between the parties with which this suit is not concerned.

(3.) It is the Plaintiff 's case that the deceased bequeathed the said flat and all her other movable and immovable properties to him under the aforesaid Will. The Plaintiff is appointed executor under the Will. The Plaintiff was married to a German National. He was residing with the deceased initially in Mumbai and thereafter in a separate premises in Mumbai. Later he was the Non Resident Indian (NRI) residing in Germany along with his family.