PUSHPABEN NATWARLAL KANSARA Vs. JYOSTANA DEVENDRA GORADIA

JUDGEMENT

(1.) The Plaintiff in the present Testamentary Suit seeks probate of a Will dtd. 5/10/1998 ("the said Will"), stated to be the last Will and Testament of one Mr. Natwarlal Mulchand Kansara ("the Testator").

(2.) The Testator passed away on 8 th October 2004, leaving behind as his only legal heirs and next of kin the following persons:

(3.) By the said Will, in addition to other bequests, the Testator bequeathed two flats, being Flat Nos. 1103 and 1105 on the 11 th Floor in a building known as 'Inder Towers', situated at Gokhale Road (South) Dadar, Mumbai - 400 025 ("said Flats"). Flat No. 1103 was bequeathed to the Plaintiff and Defendant No. 4 in equal shares, and Flat No. 1105 was bequeathed to the Plaintiff and Defendant No. 3 in equal shares. The Plaintiff and Defendant No. 3 were appointed as executors under the said Will which is stated to have been attested by two attesting witnesses, namely, (i) Mr. Shailesh K. Parikh a solicitor, and (ii) Mr. Hemant L. Kansara who was the nephew of the Testator.