J C KHANNA Vs. RAVINDRA M SHAH

JUDGEMENT

(1.) TESTAMENTARY Petition no.567 of 2001 was filed for probate of the Will of the deceased Sheila Jehangir Malbari alias Sheila Cyrus Talyerkhan (the said deceased) dated 23rd January, 1999 by (Exh.P1) her executors named in the Will, namely, Col. A. R. Nageshkar and Dr. Stevely Francis Gonsalves on 4th January, 2001. The said Col. A. R. Nageshkar expired in the year 2005. The other executor/petitioner Dr. Stevely Gonsalves migrated to New Zealand and appointed Mr. J. C. Khanna as his constituted attorney to pursue the said petition no. 567 of 2001. The said petition was thereafter amended and the plaintiff/petitioner prayed for grant of Letters of Administration with Will annexed.

(2.) IN the said petition no.567 of 2001, one Ravindra M. Shah had filed a caveat dated 23rd day of July, 2002. In the said affidavit/caveat the said Ravindra M.Shah submitted that in the month of January, 2001, he had filed a Petition No.22 of 2001 for probate of the Last Will and Testament of deceased Sheila Malbari dated 13th March, 1991 (Exh.D8). Ravindra Shah in his affidavit in support of his caveat contended that in the alleged Will of the deceased dated 23rd January, 1999 though the deceased had revoked her earlier Wills and particularly her Wills dated 13th August, 1994 and 26th July, 1996 there was no statement that the deceased had revoked her Will dated 13th March, 1991 (Exh.D8) on the basis of which petition no.22 of 2001 is filed. He has further contended that there is also an alleged Will of the deceased dated 9th May, 1991 as per the papers served on him. The said Ravindra M. Shah in his affidavit in support of the caveat further contended that the alleged Wills dated 9th May, 1991 (Exh. C) and 23rd January, 1999 (Exh. P1) were never executed by the deceased and the said two Wills are not genuine documents signed by the deceased. In view of the said caveat filed by Mr.Ravindra M.Shah petition no.567 of 2001 was converted into Testamentary Suit No. 51 of 2002.

(3.) SOME of the particulars pertaining to the Wills executed by the deceased Sheila J. Malbari are set out hereunder. TABLE