HOSHANG PESI HODIWALA Vs. BONNY BEHRAMSHAH BHATHENA

JUDGEMENT

(1.) The plaintiff is the grand son of the deceased, one B. M. Bhathena who executed a will dated 27th November, 1985 and who expired on 25th May, 1989. The plaintiff has sought to probate the will. The deceased left behind one son and two daughters as his only heirs. They would be entitled to an equal 1/3rd share in the estate of the deceased on intestacy. The plaintiff is the son of one of the daughters. The son of the deceased challenged the will of the deceased sought to be probated by the plaintiff. He is survived by the defendants. The estate of the deceased consists essentially of one bungalow at 4bungalows, Andheri, Versova, Mumbai. The defendant / caveator was residing in the said bungalow. The deceased was also earlier residing in the said bungalow. After 1970 it is disputed whether the deceased lived in the said bungalow. The deceased lived in Pune. One of his daughters also lived in Pune.

(2.) The defendant has contended that the signatures of the deceased on pages 1 and 2 are forged. He has shown some inaccuracies in the will. He claims that the will is not genuine will of the deceased and is forged. The main contention of the defendant is that pages 1 and 2 of the will do not bear signatures of the testator.

(3.) The plaintiff has examined himself and one attesting witness.