STANISLAUS F REGO Vs. MARGARET BENJAMIN ABRAHAM

JUDGEMENT

(1.) By Testamentary Petition No.787 of 2001 which is converted into Testamentary Suit No.75 of 2002, the plaintiff (original petitioner) seeks probate of alleged Will and Codicil both dated 26.4.1990 alleged to have been executed by Simha Issac Talegawkar, who died at Mumbai on 18.8.1996. Some of the relevant facts for the purpose of deciding this suit are as under:-

(2.) It is the case of the plaintiff that by an alleged Will and Testament dated 26.4.1990, Simha Issac Talegawkar (for the sake of convenience, the said Simha Isaac Talegawkar is referred as "the said deceased"), made a bequest in respect of Plot of land bearing No.312, First Road, Khar, Bombay-400052 together with building thereon including furniture, fixtures, and articles lying in the plot to his son Mr.Albert Talegawkar absolutely.

(3.) It is the case of the plaintiff that in the said Will, the said deceased directed the said Mr.Albert Talegawkar to give his three daughters i.e. Mrs.Daisy, Mrs.Rosy and Mrs.Annie and another son Mr.Benjamin a sum of Rs.1,00,000/- each within a period of two years from the death of the deceased, provided that such of her children as have migrated at the time of her death, will avail of the said legacy in India subject to the prevailing law. According to the said alleged Will, all of movables and personal jewellery of the said deceased had been already given away to the children. It is provided in said Will that the residue of her estate of whatsoever nature, was given to her son Mr.Albert Telegawkar absolutely. It is the case of the plaintiff that under the said Will and Testament dated 26.4.1990, the said deceased had appointed the plaintiff and Mr.Hasmukh B. Gandhi both Advocates by profession as her joint executors of the said Will.