SUNDER SHAHANI Vs. DEEPAK MATAI

JUDGEMENT

(1.) A. OVERVIEW The Petition is for Letters of Administration with Will Annexed. The Will in question is of one Girdharilal Chellaram Matai ("Girdharilal"; "the deceased"; "the testator"), who died in Mumbai on 21st April 1991.Death Certificate, Ex. "P2", Vol. D, p. 131. The Plaintiff ("Shahani") claims Girdharilal left a Will dated 18th March 1991.Ex. "P1", Vol. D, p. 129.

(2.) The Will, as we shall see, has three attesting witnesses. Two filed affidavits supporting the Petition, and, after it was renumbered as a suit on caveats being entered, and taken to trial, one attesting witness was led in evidence. It is this evidence that is fatal, for this attesting witness admits in cross-examination that the Will was not Girdharilal's 'real Will', and that he executed under some form of pressure. Having closely considered Mr. Vora's submissions for the Plaintiff, I am unable to find for him. Mr. Sanglikar for the Defendants makes a straightforward point, one with which I am in complete accord: if the evidence of the attesting witness itself casts a doubt as to the volition of the testator, and as to the propounded Will being genuine, the matter ends at that, and nothing further need be shown. There is also the matter of another attesting witness filing contradictory affidavits, including one in which he alleges that he himself was induced into attesting the will by misrepresentation.

(3.) For the reasons that follow, I have dismissed the suit and the Petition and declined the grant.