LAWS(BOM)-2016-12-185

SURESH MANILAL MEHTA, HINDU OF MUMBAI, INDIAN INHABITANT, AGED 77 YEARS, RESIDING AT MOTILAL MANSION, 2ND FLOOR, 17, NEPEAN SEA ROAD, BOMBAY Vs. VARSHA BHADRESH JOSHI, HAVING ADDRESS AT 1, VILLA CONSALACAO, MUNDEWEL, VASCO DA GAMA, GOA 403802

Decided On December 02, 2016
Suresh Manilal Mehta Appellant
V/S
Varsha Bhadresh Joshi Respondents

JUDGEMENT

(1.) A. Introductory, The Plaintiff is the executor of a Will dated 16th March 1977 said to have been left by one Rameshchandra Jamnadas Dalal ( Ramesh ). The beneficiaries of the Will are Ramesh's wife, Nayana, since deceased;, their son, Sanjay; and their daughter, Varsha, the Defendant. As the following judgment will show, the opposition to the probate entered by Varsha is limited.

(2.) I have heard both Mr. Pai for the Defendant and Mr. Shah for the Plaintiff at some length and, with their assistance, considered the material on record. In my judgment, and for the reasons that follow, I have not been able to find a tenable basis for the opposition. I have decreed the Suit and allowed the Petition for probate.

(3.) Mr. Pai has taken a plea of limitation, on which a separate issue was framed, and I propose to address that before I proceed to a consideration of the evidence and the other issues. On this issue, too, I have found for the Plaintiff and against the Defendant.