CLARA DSOUZA Vs. SURAJ ESTATE DEVELOPERS PVT LTD

JUDGEMENT

(1.) The present notice of motion has been taken out for a declaration that the petitioner being the sole executrix and beneficiary of the will dated 15-2-1990 of the deceased Mrs. Anna Clara Meares is entitled to possession of the flat being residential premises admeasuring about 180 sq. fts. (carpet area) situated at 463, Marianagar, Final Plot No. 557 of Town Planning scheme, Bombay City No. III, M. M. Chotani Road, Mahim, Mumbai 400016.

(2.) Some of the material facts of the present case, briefly enumerated are as under :-

(3.) One Mrs. Anna Clara Meares expired leaving behind her Will and testament dated 15-2-1990. She died on 10-3-1996. In the said Will and testament dated 15-2-1990, the petitioner herein is the sole executrix and the beneficiary of the said properties of the deceased. The said petitioner filed a probate Petition being Petition No. 1030 of 1997 in respect of the said Will and testament dated 15-2-1990 and on 8-6-1999 this Court granted probate in favour of the petitioner herein. One of the properties in the said Will was known as "quinny House" situated at 463, Marianagar, M. M. Chotani Road. Mahim, bombay-400016. The said structure admeasuring about 342 sq. fts. (carpet area) was the subject matter of the said Will.