REGENT COMPUTRONICS PVT. LTD.

VINODRAI HARIDAS KOTADIA Appellant

V/S

GOPALDAS HARIDAS KOTADIA Respondents

Referred Judgements :-

GORDHANDAS NATHALAL PATEL V. BAI SURAJ [REFERRED TO]
GANPATRAO KHANDERO VIJAYKAR V. VASANTRAO GANPATRAO VIJAYKAR [REFERRED TO]
BADRIPRASAD K. AGARWAL V. PREMIER GARAGE [REFERRED TO]
HARISH LOYALKA V. DILEEP NEVATIA [REFERRED TO]
WALTER D'SOUZA V. ANITA D'SOUZA [REFERRED TO]
BISHUNDEO NARAIN VS. SEOGENI RAI [REFERRED TO]
KISHORE CHANDRA SINGH DEO VS. BABU GANESH PRASAD BHAGAT [REFERRED TO]
NARESH CHARAN DAS GUPTA VS. PARESH CHARAN DAN CUPTA [REFERRED TO]
H VENKATACHALA IYENGAR VS. B N THIMMAJAMMA [REFERRED TO]
RANI PURNIMA DEBI VS. KUMAR KHAGENDRA NARAYAN DEB [REFERRED TO]
BHAGWAN KAUR VS. MAHARAJ KRISHAN SHARMA [REFERRED TO]
SURENDRA PAL VS. SARASWATI ARORA [REFERRED TO]
GURO VS. ATMA SINGH [REFERRED TO]
KISHOR KIRTILAL MEHTA VS. LILAVATI KIRTILAL MEHTA MEDICAL TRUST [REFERRED TO]
LIC OF INDIA VS. RAM PAL SINGH BISEN [REFERRED TO]
KANWAR SAIN VS. STATE [REFERRED TO]
HAR NARAIN VS. BUDHRAM [REFERRED TO]
K L MALHOTRA VS. SUDERSHAN KUMARI [REFERRED TO]
DESH RAJ GUPTA VS. STATE [REFERRED TO]
A E G CARAPIET VS. A Y DERDERIAN [REFERRED TO]
AJAY KUMAR PARMAR VS. STATE OF RAJASTHAN [REFERRED TO]
M.B. RAMESH VS. K.M. VEERAJE [REFERRED TO]
VINOD KUMAR VS. STATE OF HARYANA [REFERRED TO]
CHITARANJAN NAROTTAMDAS NEGANDHI VS. HEMKALA [REFERRED TO]
RAMESH VERMA VS. LAJESH SAXENA [REFERRED TO]

JUDGEMENT

(1.) A. Introduction The Plaintiffs seek probate to the last Will and Testament dated 12th March 1989 of their mother Kasturbai Haridas Kotadia ("Kasturbai"; "Testatrix"; "Deceased"). The surviving Plaintiffs, Vinodrai and Prafullchandra, are Kasturbai's sons and the surviving executors named in her Will. The other named executor, Ranjitkumar, died during the pendency of these proceedings. The Petition was opposed by Kasturbai's other sons Gopaldas, Laxmidas and the heirs of her pre-deceased son Narandas. On their entering caveats, the petition was numbered as a suit. Gopaldas and Laxmidas died pending the suit. Their legal heirs have carried on their defence.

(2.) I have heard Mr. Shah for the Plaintiff and Mr. Khandeparkar and Mr. Kulkarni for the Defendants at length. The Will is impeached on several distinct grounds, including that it was procured by undue influence, Kasturbai's lack of dispositive capacity and that the signature on the Will is not hers. With the assistance of appearing counsel, I have considered the pleadings and the evidence, oral and documentary. I have not found a tenable basis for the opposition. I have decreed the suit. My reasons follow. B. Facts

(3.) Kasturbai died in Mumbai on 17th Aug. 1993, about four and a half years after the Will in question. She was 89 years old when she died. Her husband died some 18 years earlier. She owned an immovable property at Vile Parle, in suburban Mumbai. This is a parcel of land with a building named "Shri Krishna Niwas" on it. The property is near Vile Parle Station, on a road that runs west. The building has a ground and two upper floors. It is of undoubted value, and seems to be the principal cause of this dispute.

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VINODRAI HARIDAS KOTADIA Vs. GOPALDAS HARIDAS KOTADIA

Referred Judgements :-

JUDGEMENT

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