MYRA PHILOMENA COLLACO Vs. LILIAN COELHO AND OTHERS

JUDGEMENT

(1.) We are confronted with yet another family saga where the slugfest between the parties, circumference around two Wills of the deceased parents of the Appellant. It is in such context that the contesting parties seek to assert their rival claims and legal rights over the suit property.

(2.) The curtains open with the Appellant's deceased father's Will creating life interest in the suit property in favour of his wife i.e. late mother of the Appellant along with their sons Victor and Neville. However, the Appellant's mother bequeaths the suit property being the subject matter of the probated Will of her late husband (Appellant's father) to the Appellant and her sons George and Reginald.

(3.) The Appellant in the present proceedings, desire to have Letters of Administration issued with the Will of her deceased mother which was assailed by the Respondents before the learned Single Judge of this Court. The impugned judgment and order holds that though the Will is formally proved, there are suspicious circumstances shrouding the said Will which ought to be considered to the satisfaction of the Court. Accordingly, the learned Single Judge refused to grant the Letters of Administration along with the Will of the deceased mother of the Appellant as prayed for by the Appellant. The Division Bench of this Court, on Appeal against the impugned judgment set aside the order of the learned Single Judge by an order dtd. 22/1/2009. Thereafter, pursuant to the directions of the Supreme Court by its order dtd. 2/1/2025, the proceedings were remanded to this Court. This is how the parties are before us in the present Appeal assailing the Judgment of a Single Judge of this Court dtd. 7/3/2003 passed in Testamentary Suit No. 33 of 1999 in Testamentary Petition No. 209 of 1987. ('Impugned Judgment? for short).