VIBHUSHIT UMIYASHANKAR TRIVEDI Vs. BHARGAV JASVANTRAI TRIVEDI

JUDGEMENT

(1.) The Suit seeks probate to the last Will and testament of one Chhotalal Karunashankar Trivedi ("Chhotalal"; "the deceased"; "the Testator"). Chhotalal died in Mumbai on 18th October 1982. He was a widower. He had no children. He is said to have left a testamentary writing in Gujarati dated 6th July 1982. In this Will, which is the one propounded, Chhotalal appointed his brother Umiyashankar, and Umiyashankar's son, Vibhushit (the present Plaintiff ) as the executors of his Will. Umiyashankar and Chhotalal had a brother Jasvantrai. He was the original Defendant. After he died, his heirs have been brought on record as Defendants Nos. 1(a) to 1(d).

(2.) The Will in question is in Gujarati. 1 However, the Testator has apparently signed it in English on page 2. There is also a signature on page 1, and this is the subject of some dispute in the Exhibit "P6", p. 183. trial. I will turn to this presently. An official translation is also on record.2

(3.) The execution of the Will was supposedly witnessed by one Dr. H. R. Kamdar, and by one Vrajlal V. Thakkar. Although Vrajlal Thakkar filed two Affidavits during the pendency of the Suit, he died before he was cross -examined.