LAWS(BOM)-2008-9-241

EUGENE PINTO Vs. RITA CYNTHIA PINTO

Decided On September 15, 2008
EUGENE PINTO Appellant
V/S
RITA CYNTHIA PINTO Respondents

JUDGEMENT

(1.) THE Petitioners /Plaintiffs are the sons and daughters of Professor Cosmas Damian T. Pinto (the deceased). The deceased left five sons and three daughter s, Francis, Anthony, Cyril, Lawrence, Eugene ' the sons and Marie, Agnes and Irene - the daughters.

(2.) THE Petition /Testamentary Suit seeks to propound the holograph Will of the deceased dated 12th February, 1963. Only Cyril has filed the Caveat.

(3.) IT is the case of the Petitioners that one Roger Correa (Roger), the husband of Marie, one of the daughter s of the deceased, made a verbatim handwritten copy of the Will and sent it along with his covering letter dated 24th September, 1966 to Mr. Jayakar, Solicitors of M/s. M.V. Jayakar & Co. during the life time of the deceased. He kept the carbon copy of the Will and the said covering letter in a file with other document s. This entire file containing inter alia the Will of the deceased was handed over by Marie to the 1st Petitioner (Eugene) soon after the death of the deceased in 1975. The Will marked Exhibit- A-1 in this Petition as having been filed in the Record and Proceedings of the Testamentary Petition on 22nd January, 2002 under Will No.17 of 2002 is a carbon copy of the original handwritten copy of the Will on a lined full- scape sheet of paper. Similarly the carbon copy of the covering letter under which the Will was sent and which is kept in the file given to Eugene by Marie is on an identical lined full- scape sheet of paper and marked Exhibit- B.