LAWS(BOM)-2023-8-534

AJAY HARPAL SINGH Vs. DEEPTI AJAY SINGH

Decided On August 03, 2023
Ajay Harpal Singh Appellant
V/S
Deepti Ajay Singh Respondents

JUDGEMENT

(1.) The Plaintiff in the present Suit seeks probate in respect of a writing dtd. 1/12/2013, which is stated to be the last Will and Testament of one Ajay Harpal Singh ("the Deceased") who was the late son of the Plaintiff. The grant of Probate is opposed by the Defendant who is the daughter of the Deceased who is contesting the Suit through her Power of Attorney holder, Mr. Satyendra Kumar Raghav ("POA holder"). The POA holder is also the maternal grandfather of the Defendant. Thus, the dispute in the present Suit is between a paternal grandfather and his granddaughter.

(2.) Before adverting to the rival contentions, it is necessary to set out the following facts which will help in giving context to the rival contentions of the Parties, viz.

(3.) Based on the contentions raised in the Affidavit in Support of the Caveat, the following issues were framed for determination viz.