TEJPAL JUGILAL PODAR Vs. PRAGNESH PODDAR

JUDGEMENT

(1.) By this petition filed under section 263 of the Indian Succession Act, 1925, the petitioner prayed for revocation and cancellation of the grant of probate of the purported last Will and Testament of the deceased dated 9th January, 2014 in Testamentary Petition No.1800 of 2014 and seeks direction against the respondent to deposit the original probate with the learned Prothonotary and Senior Master, High Court, Bombay. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) It is the case of the petitioner that the petitioner is the real brother of the deceased Mr.Tejpal Jugilal Podar (hereinafter referred to as the said deceased) who died at Mumbai on 26th January, 2014 leaving behind him the last Will and Testament dated 9th January, 2014. It is the case of the petitioner that at the time of the death of the said deceased along with the petitioner, their respective family members were all jointly residing in the suit property i.e. Radha Niwas, 2nd Dadiseth Cross Lane, Near Babulnath Temple, Mumbai 400 007. It is the case of the petitioner that the suit property was purchased by the father of the petitioner i.e. late Mr.Jugilal Hanumanbux Podar in 1944 from his funds of the joint family.

(3.) According to the petitioner, for the purposes of convenience and as a matter of practice, the suit property was purchased in the name of the elder son i.e. the deceased vide deed of assignment dated 26th July, 1944 by the father of the petitioner from his personal/joint family funds with the intention of putting the property in common hotchpotch of the family for joint use by all members of the family.