GOURI 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 Plaintiffs 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 Coop. Hng. Society Ltd., Perry Road, Bandra, Mumbai400050. 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 case of the Plaintiff that because he was resident in Germany he had requested his niece to live with his mother to take care of his mother as her companion. After the death of the mother he told his niece to leave the flat, but she continued to stay therein unlawfully. The parties have had litigation in the Civil Court in that behalf.