BHAGWATIBAI KHETAN Vs. ASHOKKUMAR BHAGWATI PRASAD KHETAN

JUDGEMENT

(1.) The plaintiff has sued for probate of the last will and testament of his mother Bhagwati Bai Khetan dated 27th August, 2001. The plaintiff's brother and sister have challenged the will and are accordingly the defendants in the suit upon filing their respective caveats. Another brother one Ravindrakumar has not challenged the will. Under the will the plaintiff is the largest beneficiary. The other brother Ravindrakumar has also been bequeathed the 1/2 share of the deceased in one haveli in Rajasthan. The defendants have not been bequeathed any part of the estate of the deceased. The defendants claim that the will has been got prepared by the plaintiff by practicing fraud and coercion upon the mother.

(2.) The plaintiff has deposed about the relationship of the parties and the state of health as well as work of the deceased. The plaintiff has examined one of the attesting witnesses. Upon such evidence the aforesaid issues are required to be considered.

(3.) Issue No. 1: The last will and testament of the deceased Bhagwati Bai Khetan dated 27th August, 2001 is prepared by an Advocate on legal sized papers including a stamp paper on page one. It has been registered with the Registrar of Assurances soon thereafter on 29th September, 2001 by the deceased. The deceased has put her initials BBK at the foot of each page of the will and has put her full signature "Bhagwati Bai B. Khetan" at the foot of the will. The will has been attested by two witnesses. One of whom is the Advocate who has deposed before the Court and who has prepared the will.