CHARULATA @ RENUKA HARESH LULLA Vs. GUL KHANCHAND GIDWANI

JUDGEMENT

(1.) The above petition is filed for issue of letters of administration with the will of the deceased Dr. Nari Kriplani annexed thereto. The plaintiff was known to the deceased as the daughter of the friend of the deceased. The wife of the deceased had predeceased him. He had no issues. His parents and sisters had also predeceased him. He had no brothers. The plaintiff was issued letters of administration with the will of the deceased annexed thereto. Thereafter original defendant herein filed her caveat. She was the daughter of the aunt of the deceased. Hence she was the only heir of the deceased. She has been allowed to challenge the letters of administration granted. She has filed her affidavitinsupport of her caveat. She claimed that the will was executed by practicing fraud upon the deceased exercising undue influence upon the deceased and has been executed by misrepresentation under undue influence of the plaintiff.

(2.) The original caveatrix having expired, her heirs have been brought on record and have defended the plaintiff's suit.

(3.) Based upon the aforesaid pleadings Justice Dharmadhikari framed the following issues on 4 th November, 2009 which are answered as follows: