PUSHPA PRABHASHCHAND JAIN Vs. RAKESH PHOOLCHAND JAIN

JUDGEMENT

(1.) This Appeal is by the original defendants against the judgment and order of the learned single Judge, granting Letters of Administration to the Respondent -Rakesh Phoolchand Jain in respect of the last Will and testament of Smt.Kusumbai Phoolchand Jain dated 03.12.1986.

(2.) The Testatrix -Kusumbai died at Bombay on 24.04.1988. She left the Will in Hindi dated 03.12.1986 without appointing an executor. The respondent is the main beneficiary of the Will. He appears to have lived with Kusumbai throughout for about 35 years. The respondent appears to have been adopted by Kusumbai, hereinafter referred to as the Testatrix, because he is a son of one of the Kusumbai s daughters. Kusumbai had seven daughters, who were married.

(3.) By the Will the Testatrix has bequeathed her immovable properties to the Respondent who is described as her adopted son and her grandson -Mohit. The bequest in favour of Mohit is a building "Ful Mahal in Mumbai". The other immovable properties including those in Bhind (M.P.) have been bequeathed to the Respondent. The business which she was carrying on in partnership with Rakesh has been bequeathed to him. There is a bequest of Rs.25,000/- in favour of seven married daughters including the Appellant and a direction to the Respondent to give gifts upto Rs.10,000/- on the occasion of the marriages of the children of her daughters.