PRAVIN LAXMIDAS TANNA Vs. HARISH AMRUTLAL KAKKAD

JUDGEMENT

(1.) This Suit is filed by Plaintiff seeking probate of the last Will and Testament dtd. 15/1/2004 of deceased Savita Hiralal Bhindora alias Savita Hiralal who expired on 15/1/2004 in Mumbai. Plaintiff is the maternal cousin of deceased. He is one of the Executors named in the Will, the other two being Deepak Laxmidas Tanna and Suresh Laxmidas Tanna. Deceased expired as an unmarried woman on the date of execution of the Will at night as stated in the Petition. Parents of deceased predeceased her. Testamentary Petition seeking grant of Probate was filed on 12/3/2004 by Plaintiff as Executor and beneficiary, reserving the rights of the two other Executors to apply for probate later.

(2.) Testatrix executed Will dtd. 15/1/2004 which is in Gujarati. Testatrix expired on the same date i.e. 15/1/2004 at 10.30 p.m. in the night. Execution of Will is witnessed by V. G. Trivedi, Advocate, Bombay High Court and Dr. Mahendra C. Shah, Medical Practitioner (Doctor). Both attesting witnesses filed their Affidavits confirming execution of Will dtd. 15/1/2004 in their presence.

(3.) On service of citation, deceased original Defendant / Caveatrix Smt. Kusumben Amrutlal Kakkad, married sister of Testatrix filed Caveat duly supported by Affidavit-in-support dtd. 11/8/2004 through her Constituted Power of Attorney i.e. her son Harish Amrutlal Kakkad [present Defendant No.1(a)]. Defendants have pleaded that Smt. Kusumben was the only legal heir of deceased being her real sister and therefore disputed genuineness of the Will as the deceased Testatrix had informed her that she would bequeath 50% of her estate to her and the balance 50% to charity.