JYOTSNA RASIKLAL MANIAR Vs. BAKUL CHANDULAL MEHTA

JUDGEMENT

(1.) These two Chamber Summonses are filed by one Jyotsna Rasiklal Maniar ("Jyotsna"). She claims to be the daughter of one Prabhudas Chaganlal Mehta ("Prabhudas"), the predeceased brother of the Testator, Shantilal Chaganlal Mehta ("Shantilal"). There are two Testamentary Suits: Testamentary Suit No. 22 of 1990 and Testamentary Suit No. 136 of 2015. I may note, in passing, that the latter, Testamentary Suit No. 136 of 2015, has come to be numbered in the quite peculiar circumstances that are set out in my order dated 27th July 2015.

(2.) As previously noted, two Wills are propounded, both said to have been made by Shantilal. Yogesh Chunilal Maniar, the Plaintiff in Testamentary Suit No. 22 of 1990, propounds a Will dated 27th May 1983; Dr. Bakul Chandulal Mehta, a neighbour of Shantilal Mehta, propounds a Will dated 19th July 1987 in Testamentary Suit No. 136 of 2015. I have previously directed that the Suit relating to the later Will will, i.e., where Dr Bakul Mehta is the Plaintiff, must be tried first. In addition, Dr. Bakul Mehta has also filed a specific performance Suit No. 690 of 1987.

(3.) Now Jyotsna seeks in these Chamber Summonses that she be made a party -Defendant to both Suits. She has also filed a substantially similar Chamber Summons in Suit No. 690 of 1987, also seeking to be joined as a party -Defendant. Her claim is based on the assertion that she is Shantilal's heir, his predeceased brother's 23rd June 2016 MANIYAR & MANIYAR V MEHTA 904 -CST114 -14+.DOC daughter, Shantilal having no children of his own, and, as such, is entitled to succeed to his estate.