USHA SHRIKANT REGE Vs. GAURI GAJANAN REGE

JUDGEMENT

(1.) This petition is filed for Letters of Administration with the Will of the deceased one Mangesh Pandurang Rege dated 1st October, 1971 annexed thereto. There are two executors appointed in the will, both of whom are stated to have expired prior to the filing of the petition. The deceased is shown to have left behind his widow, four sons, one married daughter and widows and daughters of two deceased sons.

(2.) Six consent affidavits have been filed. Two caveats have been filed. One caveatrix has withdrawn the caveat. The only challenge is by the present caveatrix/defendant who is widow of the deceased son of the deceased.

(3.) The caveat claims that the will has been obtained by fraud, coercion and an undue influence practiced by the original petitioner. It was obtained without explaining the contents to the deceased at the time of obtaining his thumb impression. It also takes exception to inordinate delay of 19 years in filing the petition. It sets out the position of the family properties and the relationship between the family members to claim that the will is bogus, cooked up and forged.