PANKAJ P.DOSHI (USA) THROUGH HIS CA MAHENDER DOSHI Vs. JYOTSANABEN DOSHI W/O. LATE MR.PRANLAL SUNDERJI DOSHI

JUDGEMENT

(1.) This appeal arises from an order of a learned Single Judge dated 28 January 2011 dismissing a Miscellaneous Petition for revocation of probate granted by this Court in a Testamentary Petition in favour of the First Respondent1, 1 888/1999.

(2.) In the Testamentary Petition, the First Respondent, as executor of the last will and testament dated 15 October 1990 of Pranlal Sunderji Doshi, applied for probate. Pranlal died on 30 March 1991, and left him surviving as his only heirs the following persons: Respondent no.1 as the widow, Respondent No.2 as the son, the Appellant as another son and two daughters. Pranlal had appointed the Appellant and Respondent Nos.1 and 2 as trustees and executors of his last will and testament. Respondent no.1 had filed an application for probate of the will. In the application, the Appellant filed an affidavit dated 12 September 2003 signifying his consent to his mother, Respondent no.1, applying alone for probate of the last will and testament of his deceased father. Probate was accordingly granted on 24 November 2003 in favour of Respondent no.1.

(3.) On 6 April 2008, the Appellant filed a Petition for revocation of probate. It was the case of the Appellant that: (i) Respondent no.1 was guilty of mismanaging the affairs of the properties left behind by the deceased; (ii) Respondent no.1 has not given effect to the directions contained in the will despite the passage of five years since the probate; and (iii) Respondent no.1 has not filed the inventory and account of the properties and credits mentioned in Schedule no. I of the probate petition. The Appellant, in the premises, applied for cancellation and revocation of the probate granted in favour of Respondent no.1. The Appellant also applied, as consequential reliefs, for directions for inventory and accounts upto the date of the petition from Respondent no.1 and appointment of the Appellant as an executor through a fresh probate.