RAMA AZIZ PARPIA Vs. BALKRISHNA K MEHTA

JUDGEMENT

(1.) THIS originating summons has been taken out by some of the legatees under the Will of the deceased Dr. Vithaldas Ladhabhai Parmar (hereinafter referred to as "the deceased") for certain directions to the executors of the estate of the deceased.

(2.) THE plaintiffs are the married daughters of the deceased. The first two defendants are the executors of the Will of the deceased. The third defendant is the daughter-in-law of the deceased, being the widow of late Jamnadas Parmar, a son of the deceased. Defendant No. 4 is another son of the deceased.

(3.) THE deceased, Dr. Parmar, was practising as a Surgeon in Bombay and had a large practice. He had his consultation rooms at Laud Mansion, Charni Road, which were taken on tenancy from the owner of the said building. Out of the large income earned by him, with prudent investments, he acquired several properties during his lifetime. The deceased executed a Will dated 9th May, 1974, making provisions for certain pecuniary legacies and for disposal of the residue after payment of the pecuniary legacies. A codicil was also executed on 17th February, 1975, under which, certain specific bequests were made to servants, totalling in all Rs. 19,000/ -. The deceased died on 30th October, 1976. The executors of the deceaseds Will filed a petition for probate on 8th of February, 1988. Defendant No. 4 had filed a caveat therein. Citations were served on the plaintiffs and the husband of defendant No. 3, who is also a son of the deceased.