REBENDRA DATTA Vs. SEEMA PARAB

JUDGEMENT

(1.) By Testamentary Petition No.695 of 2008, which is converted into Testamentary Suit No.58 of 2009 Mr. Prasad Tendolkar who claims to be the executor of the alleged last Will dated 21.10.2006, alleged to have been executed by the deceased Mr. Rebendra Narayan Datta ( hereinafter referred to as the said deceased ) seeks grant of probate.

(2.) The said deceased had four issues i.e. Rajiv Rebendra Datta (son ) and three daughters i.e. Mrs. Seema Rebendra Datta alias Mrs. Seema Parab, Mrs. Rebecca Datta alias Mrs. Rebecca Dey and Mrs. Diana Datta alias Mrs. Diana Virwani. The three daughter filed the caveats in Testamentary Petition No.695 of 2008. Mr. Prasad T. Tendolkar claims to be the executor of the alleged Will dated 21.10.2006 of the said deceased and filed the said Testamentary Petition No.695 of 2008 inter alia praying for probate in respect of the said Will dated 21.10.2006. The said Prasad Tendolkar also claims to be an executor under a separate alleged Will dated 16.10.1996 alleged to have been executed by Catherine Rebecca Datta who was the mother of the aforesaid four parties. The daughters had filed caveats in the said Testamentary proceedings No.695 of 2008 which was converted into Testamentary Suit bearing No.65 of 2009. The said Catherine Rebecca Datta was the wife of the said Rebendra Datta. Both the testamentary suits were heard together.

(3.) By a separate order passed by this Court in the said Testamentary Suit No.65 of 2009, the said Testamentary suit has been disposed of. In so far as the said Testamentary Suit No.58 of 2009 is concerned, it is the case of the Plaintiffs that the said deceased had left his Will testament dated 21.10.2006 by which the Plaintiff was appointed as a sole executor. The said deceased died on 28.10.2006. The wife of the said deceased had already pre deceased the said deceased. The parents of the said deceased also pre deceased of the said deceased. On 16.07.2008, the plaintiff filed the said Testamentary Petition No.695 of 2008 inter alia praying for grant of probate in respect of the alleged Will dated 21.10.2006. In the said Testamentary Petition, all the three daughters referred to above filed their caveats in support of their caveats on various issues. Those affidavits in support of caveats are taken on record. The said Petition No.695 of 2008 was accordingly converted into Testamentary Suit No.58 of 2009.