YATIN GORDHANDAS DOSSA Vs. SUPRIYA SHAILESH PATEL

JUDGEMENT

(1.) One Babhubhai Chunnilal Patel ("Babubhai") died at Mumbai on 3rd October 2006. He left a Will dated 10th March 2005. The will is registered. Babubhai was married to one Neelaben Babubhai Patel ("Neelaben"). They had three children, two daughters and a son. Both daughters, Sheila Vasu Sumaya ("Sheila") and Bharati Yatin Dossa ("Bharati") are married. Babubhai's and Neelaben's son Shailesh died intestate on 3rd February 2005, i.e., before Babubhai. He was married to one Supriya Shailesh Patel, the Defendant ("Supriya"). Babubhai was thus survived by his widow, Neelaben, his two daughters, and his daughter-in-law, the Defendant. Yatin Dossa, the Plaintiff ("Yatin"), is Babubhai's son-in-law, the husband of his second daughter, Bharati.

(2.) On 23rd January 2008, Yatin filed the present Testamentary Petition 105 of 2008 for probate to Babubhai's Will. Babubhai's heirs were cited. Neelaben, Sheila and Bharati filed Affidavits of the same date consenting to the grant of Probate. On 29th January 2008, the two attesting witnesses to the Will, one Mr. V. Shanbag and one Mrs. S. Biswas, filed their affidavits accompanying the probate petition.

(3.) On 27th March 2008, Supriya entered a caveat and, on 4th April 2008, filed an Affidavit in Support of that caveat. In her affidavit, Supriya disputed the execution of the will. She alleged it to be invalid for want of a dispositive state of mind on Babubhai's part, and also alleged undue influence by the Plaintiff, Yatin, Babubhai's son-in-law. She claimed that Babubhai was in extremely poor health and, following Shailesh's death, was in a 'morbid depression'. For some peculiar reason, and despite the fact that the Affidavit in Support of the Caveat is to be treated as a Written Statement, on 15th October 2008 Yatin filed an 'Affidavit in Reply' to the Caveat and this was taken on record.