BIPIN NATWARLAL GANATRA Vs. ROHAN P SHAH

JUDGEMENT

(1.) Dahyabhai Lallubhai Shah ("the testator") died on 3rd May 1999, in a manner of speaking, at a ripe old age of ninety one. Probate was granted by this Court on 22nd December 1999 of his last Will and Testament. The Petitioner who claims to be a nephew of the testator's wife seeks revocation of the Probate.

(2.) About three years prior to the execution of his will, the testator settled his property in trust by a deed of 28th June 1994. Under the Deed of Trust the testator, apart from himself, appointed two other trustees, namely (i) Mr.Rohan Shah and (ii) Mr.Hari Taneja. The object of the Trust was inter alia to encourage and promote fundamental and applied research in the fields of science and technology, arts, philosophy and the social sciences in India. In order to effectuate the purpose of the Trust, the trustees were under the terms of the Deed, empowered to interact with the academic community and research bodies on the one hand, and with industry and commerce on the other; "striving to enhance the interface between the two". The trustees were required to promote research on the preservation, protection and improvement of ecology and the environment and to promote the development and use of environment friendly industrial processes and waste management techniques. The objects of the Trust also speak of the desire of the settlor to foster a consciousness and awareness of the quality of products manufactured and services provided in India. The trustees were also required to promote research and development on safety measures and practices in industrial concerns.

(3.) The settlor was born on 13th June 1907. On 16th May 1996, he executed a will by which he evinced an intention to constitute the Trust as the ultimate beneficiary of his estate upon his death. The settlor and his wife, Urmila, had no children of their own. Under the will, the settlor provided for a life interest for his wife in a residential flat together with all the other amenities to which she was accustomed. The settlor had set up a Company by the name of Perfect Machine Tools Co. Ltd. which on the date of the execution of the first will, was the owner of the residential flat 7-C Woodlands, Peddar Road, Mumbai-400026. The settlor and his wife were in occupation of the flat under a tenancy agreement. The first will stipulated that both the settlor and his wife would during their lifetimes have a right of occupation therein. The two individuals who together with the settlor were the trustees of the Trust constituted in 1994, were appointed as executors under the will.