UMA VITHAL JHAVERI Vs. NIKHIL VITHAL JHAVERI

JUDGEMENT

(1.) BY this petition, petitioners seek that the probate granted by this court on 30th December, 1996 in Probate Petition No. 214 of 1994 of the deceased Vithal Shyamdas Jhaveri be revoked. Respondent at the outset raised issue of limitation in filing this Misc. Petition. Some of the relevant facts for the purpose of deciding issue of limitation raised by the petitioners are as under: -

(2.) THE respondent is claiming to be the sole executor viz. in the Will and testament dated 12th October, 1992. Respondent had filed a petition bearing Petition No.214 of 1994 in this court inter alia praying for the last Will and Testament of the said deceased. It is case of the petitioner no.1 that petitioner no.1 is a daughter of the said deceased and petitioner no.2 is the widow of the said deceased. Mr.Akhil Vithal Jhaveri is claiming to be son of the said deceased. It is the case of the petitioners that though the petitioners were the legal heirs of the said deceased, the citation was not served upon the petitioners and without service of citation, the respondent has obtained probate in respect of the Will and Testament of the deceased dated 12th October, 1992.

(3.) LEARNED counsel appearing for the petitioners invited my attention to the letter dated 20th December, 2000 addressed by the advocate of the petitioners to the advocate of the respondent in reply to the letter dated 16th November, 2000. In the said letter the petitioner reiterated what was stated in the notice of 7th November, 2000 and stated that denial of the statements made in the said notice of 7th November, 2000 in the letter dated 16th November, 2000 were false, mischievous and fraudulent. By the said letter, the petitioners called upon the advocate of the respondent to furnish a copy of the probated Will alongwith papers and proceedings in the matter thereof. It is case of the petitioners that inspite of the said letter dated 20th December, 2000, the respondent did not furnish any copy of the probated Will to the petitioners.