HARSHA MAHENDRA GUTKA Vs. MAHENDRA PREMCHAND SHAH

JUDGEMENT

(1.) THE Petitioner / Plaintiff in Testamentary Suit No.127 of 2010 is the sister of the deceased Mahendra Premchand Shah whose last Will and testament dated 25th February, 2007 is sought to be propounded. The caveatrix is the wife of the deceased. The Will has been challenged on the ground that it is forged and / or executed under duress. The Petitioner must prove the valid execution of the Will as per law. The Petitioner must show that the deceased was in sound state of mind at the time of execution of the Will. The caveatrix must prove the forgery or duress.

(2.) BASED upon the respective pleadings of the parties Justice D.G. Karnik, framed issues on 9th January,2012 which are as follows:

(3.) THE Will of the deceased is a computer print out running into 9 pages each of which is signed by the deceased at the foot thereof. The Will mentions the age of the deceased at the time of the execution, his relationship with his wife, the fact that he has giving no property to her, his relationship with his three sisters and how he has disposed of his moveable and immoveable properties essentially to one sister who lived with him and some to the sisters in equal share. The will expresses his gratitude towards his sisters and expresses that he was what he was because of his eldest sister who lived with him. The Will has been executed on 25th February, 2007 which date is also printed alongwith name of the deceased in the execution clause. The deceased has signed the execution clause. The two attesting witnesses are his friend and neighbour.