CATHERINE DATTA Vs. SEEMA PARAB

JUDGEMENT

(1.) By Testamentary Petition No.696 of 2008 which is converted into the Testamentary Suit No.65 of 2009, Mr. Prasad T. Tendolkar who claimed to be an executor under an alleged Will and Testament dated 16th October,1996 alleged to have been executed by Mrs. Catherine Rebendra Datta (hereinafter referred to as the said deceased) seeks grant of probate. The said deceased died on 9th December,1996 leaving behind her four legal heirs and next of kin according to the Indian Succession Act which is applicable to the parties. The said deceased left behind him a son Mr.Rajiv Rebendra Datta and three daughters i.e. Ms.Seema Rebendra Datta (nee Mrs.Seema S.Parab), Ms.Rebecca Rebendra Datta (nee Mrs.Rebecca G.Dey), Ms. Diana Rebendra Datta (nee Mrs. Diana G. Virwani). The daughters are the caveatrixes/ defendants in the testamentary suit. The husband of the said deceased died on 28th October, 2006. The parents of the said deceased predeceased the deceased.

(2.) It is the case of the plaintiff that under the said alleged Will dated 16th October, 1996, the said deceased had appointed the plaintiff as an executor. The said Will was allegedly witnessed by Dr. Vimal Kasbekar and Mrs. Philomena Rodrigues. Under the said Will, the said deceased had disinherited her daughter Ms. Diana Rebendra Datta and other two daughters. It was stated in the said alleged Will that the flat no. 16 was bequeathed to Mr.Rajiv R.Datta.

(3.) Under the said Will, it was provided that one flat was already given to Ms. Seema R. Datta at Malad. Another flat was given to Ms. Rebecca R. Datta at Andheri. Flat no.13 was in the joint name of Mr. Rebendra Narayan Datta and the said deceased which was allegedly bequeathed in favour of the son Mr. Rajiv R. Datta. Under the said alleged Will, a piece of land admeasuring about six acres at Pen Town, District Raigad with factory shed and residential quarters was bequeathed in favour of the son Mr. Rajiv R.Datta. Gala no.87 situated at Gandhi Nagar, Worli Industrial Estate at Worli, Mumbai - 400 018 which was a tenanted property, the tenancy thereof was bequeathed in favour of son Mr.Rajiv R.Datta.