MAKI SORABJI COMMISSARIAT Vs. HOMI SORABJI COMMISSARIAT

JUDGEMENT

(1.) By this petition which is converted into a suit, the plaintiffs have prayed for a probate of the last will and testament dated 16th June, 1999 and a codicil dated 23rd July, 2001 of the deceased Sorabji Hormusji Commissariat (hereinafter referred to as the said deceased) who died at Mumbai on 15th August, 2009.

(2.) Some of the relevant facts for the purpose of deciding this suit are as under :

(3.) Mr. Behramkamdin, learned counsel appearing on behalf of the plaintiffs invited my attention to the pleadings and various parts of the affidavits and oral evidence led by parties in support of his submissions that the plaintiffs have proved the existence of the will and that the same was validly executed, the deceased was of sound state of mind at the time of execution of the will and the codicil and that the will was not obtained by pressure or by undue advantage of his old age. After relying upon various parts of the affidavit, it is submitted by the learned counsel for the plaintiffs that the deceased was 78 years old when the will was executed and was 89 years old at the time of his death. It is submitted that the will was validly executed and attested which is duly proved by the plaintiffs and the attesting witnesses examined by plaintiffs. It is submitted that the cross examination of the witnesses examined by the plaintiffs by the defendants also support the case of the plaintiff and proves that the will was duly executed and was attested in accordance with law.