RACHANA SHIRISH SHAH Vs. JANAK BAPULAL SHAH

JUDGEMENT

(1.) The plaintiffs are three daughters of the deceased Sushilaben Bapubhai Shah who left behind a registered will dated 31st December, 2009. Defendant No.1 and the predecessorintitle of defendant Nos. 2(a), 2(b) and 2(c) are her sons. These are the only heirs of the deceased. Defendant No.3 is the son of defendant No.1. He is the main contesting defendant. He is in possession of the flat of the deceased being flat No.55 on the 14th floor of Matru Mandir Coop. Hsg. Society, Opp: Bhatia Hospital, Tardeo Road, Mumbai400 007. He claims to have been residing with the deceased during her "last months" to look after her. He is stated to have forcibly entered into the suit flat upon her death by the plaintiffs. Defendant Nos. 4, 5 and 6 are the husbands of plaintiff Nos. 1, 2 and 3 respectively. They are the executors under the will of the deceased.

(2.) The plaintiffs and the predecessor of defendant Nos. 2(a), 2(b) and 2(c) accept the will of the deceased. They accept to act according to its terms. The defendant No.1 has not expressly disputed the will of the deceased. He, being the father of defendant No.3, has been represented by defendant No.3 who has contested the plaintiffs' claim.

(3.) The main estate of the deceased is the above flat. Defendant No.3 has his own flat being flat No.76 on the 19th floor of the same building which he is stated to have let out after he entered in the flat of the deceased and has refused to vacate despite the requests of defendant Nos. 4, 5 and 6 to administer the estate of the deceased as per the terms of her will.