JEAN NUSLY DUGGAN Vs. DR.FEROZE HOMI DUGGAN

JUDGEMENT

(1.) By this Appeal, the appellant has taken an exception to the Judgment and Decree dated 3rd August 2011 passed by the learned Single Judge by which the Testamentary Suit filed by the respondent was decreed by the learned Single Judge.

(2.) The respondent filed a Testamentary Petition seeking grant of Letters of Administration. The petition was filed in respect of the alleged last Will and Testament dated 4th April 1993 (for short 'the disputed Will') of Lady Jeena alias Jena Jamhedji Duggan (for short "the testator"). The respondent claimed to be the sole residuary legatee under the disputed Will. The testator died at Mumbai on 2nd September 1993. It is alleged that the disputed Will was executed in the house of the testator situated at Lawnside, 6, Harkness Road, Mumbai 400006. Under the disputed Will, the testator appointed Mr.Jamshed Burjor Aga, Mrs.Raty Adi Nariman and Ms. Neena Kapadia as the Executors and/or Executrix. It is stated in the Testamentary Petition that all of them have renounced their right as executor/executrix. It is stated in the petition that the testator had two sons and the surviving next-of-kins according to Indian Succession Act, 1925 (for short "the succession Act") as applicable to Parsis were the respondent (grandson of the testator) and one Ms Farina Alexandre Folichichook being the grand-daughter.

(3.) The present appellant is claiming to be widowed daughter-in-law of the testator. It is claimed that the testator had two sons Homi and Nusserwanji alias Nusly. Both the sons pre-deceased the testator. The respondent is the son of Homi. The appellant is the widow of Nusly. It is claimed that the said Nusly died in the year 1983.