HARSHA MAHENDRA GUTKA @ SHAH 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: ISSUES

(3.) THE Will has been registered on 18 th June, 2007. The original registered Will has a Doctor's certificate attached thereto and the copies of two PAN cards of the two attesting witnesses who attended at the time of the registration. The registration shows the photograph, signature as well as finger print of the deceased. The relevant stamps of registration showing the seal of the Joint Sub Registrar, Andheri No.4, Mumbai, Bandra and the Registration number are printed on all the pages of the Will. The Registration receipt showing the registration fee is attached to the Will. The Will is registered under No.4616 and shows the number on all the pages of the Will. The registration receipt is also issued on 18 th June, 2007, the date of the Registration, bearing No.4640.