DOMNIC DSOUZA Vs. JULIE DMELLO

JUDGEMENT

(1.) PLAINTIFF /Petitioner has filed this petition interalia praying for probate of the last Will and Testament No. (1 of 2001) of Mr.Domnic D'Souza (hereinafter referred to as the said deceased).

(2.) IT is the case of the plaintiff that the said deceased had executed a Will dated 6th March, 1996 and had appointed the plaintiff as his sole executor of the said deceased. The said deceased died leaving behind him the plaintiff who was his son, widow Mrs.Agnes D'Souza, Mr.Walter D'Souza, son, Mr.Melvyn D'Souza, son of the pre -deceased son of the said deceased and Mrs.Julie D'Mello, married daughter. It is the case of the plaintiff that the said Will was attested by Mr.James M.D'Mello and Mr.Satish Ramdas Patil. Dr. Suresh W.Nagdev had examined the said deceased on 6th March, 1996 and found him to be of a sound and disposing mind. On the said Will, the said doctor had made such endorsement and certified that the said doctor had examined the said deceased and found him to be in a sound disposing mind and had fully understood the contents of the said Will. Citation was served upon the legal heirs and next of kin according to the provisions of Indian Succession Act, 1925 by which parties were governed. Mrs. Julie D'Mello, married daughter of the said deceased filed a caveat on 25th June, 2001 and affidavit in support of the caveat on 25th June, 2001. In view of the caveat and affidavit in support filed by the caveator, the said probate petition was converted into a suit.

(3.) ON 9th August, 2002, the caveator filed additional affidavit disputing the signature of the deceased on the alleged Will. It is also alleged that the petitioner has shown less valuation of the property in the schedule and have not paid court fees properly and had played a fraud on this court.