MANEK DARA SUKHADAWALLA Vs. SHERNAZ FAROUKH LAWYER

JUDGEMENT

(1.) Misc. Petition (L) No.915 of 102 is filed by Manek Dara Sukhadwalla (hereinafter referred to as 'the Petitioner') seeking an order to hold that Shernaz Faroukh Lawyer & Ms. Villy Awasia (hereinafter individually referred to as 'the Respondent No.1' and 'Respondent No.2' respectively and collectively referred to as 'the Respondents') do not have a caveatable interest in the estate of deceased-testator and to discharge/remove the Caveat filed by them. Notice of Motion No.152 of 2012 has been filed by 'the Petitioner' praying that the Testamentary Suit No.29 of 2012 filed by 'the Respondents' be dismissed on the ground of failure of disclosure of cause of action. Both the above proceedings are being disposed of by this common judgment.

(2.) One Mr. Purvez Burjor Dalal (hereinafter referred to as 'the deceased-testator') died at Mumbai on 7.12.2011 leaving behind certain assets/properties.

(3.) The Petitioner has filed Probate Petition No.5 of 2012 (now Testamentary Suit No.25 of 2012) which was lodged on 23.12.2011 seeking Probate of the Will dated 8.9.2011 (hereafter referred to as 'the 2 nd Will') stated to be left behind by the deceased-testator, which is a registered Will. Under the said 2 nd Will dated 8.9.2011, the Petitioner has been named as the sole Executor of the estate left by the deceased-testator. The Petitioner is retired employee of the New India Assurance Company and claims no beneficial interest in the estate of the deceased-testator. According to the Petitioner, the deceased-testator at the time of his death had no near relatives. As per the said 2 nd Will propounded by the Petitioner, it is provided that after paying a sum of Rs.10.00 lacs on the religious ceremony to be performed after his death and paying the taxes and a further amount of Rs.10.00 lacs to maid Sushila and Rs.1.00 lac to grandchildren of the maid Shakuntala (since deceased), the entire estate be donated to Charity in the name of Homi, Jamshed, and Purvez Dalal (the deceasedtestator) in the ratio 1/3 rd each, to be determined by the Petitioner.