PRANAV ROHIT PATEL Vs. ROHIT JAYRAMDAS PATEL

JUDGEMENT

(1.) This Petition is filed for Probate of the last Will and Testament dtd. 4/10/2008 of late Jayramdas Muljibhai Patel (the testator), the father of the Petitioner, Mr. Rohit Jayaramdas Patel, and grand-father of Mr. Pranav Patel, the Applicant in the instant Application. The Applicant is the son of the Petitioner.

(2.) By virtue of this Application the Applicant seeks, inter alia, removal of the Petitioner as the Executor of the Will, dismissal of the Probate Petition and appointment of the Applicant or a fit and proper person as a successor to the office of the Executor and grant of Letters of Administration with Will annexed and, in the alternative, direct the Petitioner to amend Schedule I to the Probate Petition to include the land, bearing Survey Nos. 649, 650, 651 and 653, situated at Village Killa Pardi, Taluka Pardi, District Valsad, ("Pardi land") and direct the Petitioner to distribute the residuary estate of the testator (including the Pardi land) to the Applicant in terms of the aforesaid last Will and Testament of the testator.

(3.) Before noting the averments in the instant Application, it may be necessary to note that the Applicant has preferred Testamentary Petition No. 1233 of 2022 for grant of Letters of Administration with copy of the above referred last Will and Testament of the testator, in the capacity of the residuary legatee. In the said Testamentary Petition No. 1233 of 2022, the Petitioner herein has lodged a Caveat, being Caveat (L) No. 8568 of 2023. It is also necessary to note that the execution and attestation of the aforementioned Will and the testamentary capacity of the testator, are not in contest.