RUSI HORMUSJI PAVRI Vs. ROXANA M BUHARIWALA

JUDGEMENT

(1.) The present probate petition is of the last Will and Testament of Eddie Hormusji Pavri, filed by petitioner No. 1 who is the brother of the deceased. Petitioner No. 2 is the niece of the deceased and the daughter of petitioner No. 1. Petitioner Nos. 1 and 2 are appointed Executors under the Will dated 15th October, 1998 of the deceased. Petitioner No. l's son Rushad Rusi Pavri was also appointed an Executor but has renounced his rights.

(2.) The Caveatrix-defendant is also niece of the deceased as her sister who resides in Australia. Both, the caveator and caveatrix-Roxana, are daughters of Pavri, the deceased brother and only other siblings of the deceased.

(3.) As the objection was raised through an affidavit dated 16-2-2002, the Petition, therefore, converted into the suit in question.