NANCY JOE VAZ Vs. YUCCA GOMES

JUDGEMENT

(1.) THE testamentary petition no. 1205 of 1999 was filed by Nancy Joe Vaz for grant of letters of administration with the Will attached, the will is alleged to have been left behind by one Joseph George gomes who expired on 2. 6. 1999. The Will is dated 17. 12. 1985. As the caveats were filed by the defendants, the petition was converted into a civil suit. On the basis of the affidavits filed by the caveators in support of the caveats contesting validity of the Will, the Court by order dated 29. 7. 2004 has framed the following issues:-

(2.) THE plaintiff/petitioner has examined one mr. M. M. Shanbhag as witness. The petitioner/plaintiff has also examined herself as witness. The defendants have also examined themselves as witnesses.

(3.) IN the plaint, the plaintiff claims that the will dated 17. 12. 1985 is the last Will left behind by the deceased and that in the Will no one is nominated as executor. A copy of the Will is at Exhibit B to the plaint. The Will is handwritten but the plaintiff does not claim in the plaint as to in whose handwriting the Will is. Perusal of the Will shows that it is signed by the deceased and that there are two witnesses attesting the signature of the deceased. The first attesting witness is shri. M. M. Shanbhag and the second attesting witness is smt. S. M. Shanbhag. Out of the two attesting witnesses, Mr. M. M. Shanbhag has been examined as witness. In the examination in chief P. W. 1 mr. Shanbhag states that at the request of the deceased he visited the house of the deceased in the year 1985 alongwith his wife. He states that the will was written by the deceased in his own handwriting. He states that the Will was signed by the deceased in his presence and that he himself and his wife have attested the signature of the deceased on the Will. It appears that when the oral evidence in this matter was recorded, other attesting witness i. e. wife of P. W. 1 Mr. Shanbhag was no more. P. W. 1 states that he is an Advocate by profession. He states that he knew Gomes family as also the family of the plaintiff. The learned Counsel appearing for plaintiff submitted that following are the admitted positions:-