KUMUDINI MAYUR Vs. MEENA RASHMI MAYUR

JUDGEMENT

(1.) One Rashmi Mayur expired on 10.2.2004. The Petitioners in the aforesaid two Suits are the sister (Kumudini) with her brother and a lady (Meena) claiming to be the wife of the deceased. Both of them have filed separate Probate Petitions in respect of two separate Wills produced by them. The sister Kumudini claims under the Will dated 28.2.2003. Meena claims under the Will dated 8.12.2003.

(2.) The main estate left by the deceased is a flat being Flat No.181, Rewa Apartment s, Bhulabhai Desai Road, Haji Ali, Mumbai. The flat admittedly belonged to and was in the name of the deceased during his lifetime. There have been previous disputes between the deceased and Meena with regard to the flat which led to the filing of the Suit being Suit No.5315 of 1983 in the Bombay City Civil Court by the deceased and which culminated in certain Consent Terms dated 4.2.1984 between the deceased and Meena.

(3.) The deceased admittedly lived with Meena in the said flat for a period of years. Under the Consent Terms, the deceased gave Meena another flat in Mulund. She was to vacate the flat in Rewa Apartment s upon receiving the flat at Mulund. She did not vacate that flat and continued living therein. She was continuously living in that flat even after the filing of this Petition and at present along with Kumudini, the sister of the deceased.