JAGDISH ASARPOTA Vs. JAGDISH DAMODARDAS ASARPOTA

JUDGEMENT

(1.) APPLICANTS in the chamber summons are the original defendants (caveators). Applicant in the notice of motion is original petitioner (plaintiff). The applicants in the chamber summons have prayed for leave to place on record an additional affidavit dated 6th April, 2014 in support of the caveat on their behalf. Applicant in the Notice of Motion has prayed for dismissal of caveat dated 9th July, 2012 and affidavit in support of caveat dated 13th July, 2012 of the caveators and seeks declaration that the caveat as well as affidavit in support are not maintainable. By consent of parties both the proceedings were heard together and are being disposed of by a common order. Some of the relevant facts for the purpose of deciding these two proceedings are as under: -

(2.) SMT . Kusum Bharat Asarpota is widow of the deceased late Mr. Bharat Ladharam Asarpota who has alleged to have executed a Will dated 15th June 1996 and had appointed the plaintiff as the executrix of the said Will. The plaintiff also claims to be the sole legatee to the properties of her late husband under the said Will. On 12th March, 2009 the testator expired. On 20th November, 2011 the plaintiff herein filed a petition inter alia praying for probate of the Will and Testament of the deceased dated 15th June, 1996. Alongwith the said petition, the plaintiff filed consent affidavit of her two sons Mr. Aashish Bharat Asarpota and Mr. Vinayak Bharat Asarpota giving their full and free consent in favour of the plaintiff for grant of probate without service of any citation upon them. It was stated in the petition that the said deceased had left the plaintiff and her two sons only as the surviving next of kin according to the Hindu Succession Act, 1956. It was also stated that the deceased had no daughter and the father and mother are predeceased the deceased.

(3.) ON 10th September, 2012 this court made an observations that the plaintiff had made false statement that the mother of the said deceased was predeceased. On 9th October, 2012 mother of the said deceased expired. Applicant No. 1 in the chamber summons (caveator) is son of Mr. Damodardas P. Asarpota who was brother of Mr. Ladharam P. Asarpota. The applicant No. 1 was cousin of the said deceased and admittedly is not class I heir.