LAWS(BOM)-2025-3-159

VASUMATI JAGDISH SHAH Vs. NEELABEN SUDHIR SHAH

Decided On March 25, 2025
Vasumati Jagdish Shah Appellant
V/S
Neelaben Sudhir Shah Respondents

JUDGEMENT

(1.) This is a suit for grant of Letters of Administration with the Will annexed to the property and credits of Manilal Chhotalal Shah (Testator).

(2.) Initially, Jagdish Manilal Shah, the son of the Testator and husband of Plaintiff No.1 and father of Plaintiff Nos.2 and 3, had filed a Petition for Probate of the purported last Will and Testament of the Testator dtd. 5/7/2003. Jagdish, the deceased Petitioner, was named as the executor in the said Will. Jagdish passed away on 16/9/2017.

(3.) Jagdish, had instituted the Petition for Probate in the capacity of the executor and beneficiary under the purported last Will and Testament dtd. 5/7/2003 asserting, inter alia, that at the time of his death, the deceased had a fixed place of abode at Flat No.10, Meera, L.D.Ruparel Marg, Napean Road, Walkeshwar, Bombay - 400 006. Savita Manilal Shah, wife of the deceased had predeceased the deceased on 23/3/1988. The deceased left behind Jagdish - the Petitioner, Satish - Defendant No.2 and Jaydeep, two other sons, and Neela Sudhir Shah - Defendant No.1, and Varsha Chandrakant Gosaliya, married daughters.