BHARAT KUMAR AMRITLAL SAYANI Vs. JAYANTILAL KALIDAS SAYANI

JUDGEMENT

(1.) A judgment of a Division Bench of our Court in Ashok Kothari v. Dipti Bavishi, 2007 AIR(Cal) 21 is the foundation for this application to revoke the grant of probate made by this Court on 17th May, 2010. The probate was of the last will and testament dated 12th June, 2002 of Amritlal Kalidas Sayani. He died on 1st June, 2003.

(2.) Now, this will was probated by this Court in common form, on an application filed by the executor, being the first respondent and brother of the testator, to which were annexed consent affidavits of all the heirs of the testator, who would have been entitled to succeed to his estate on intestacy. Almost one year after the grant this application was filed by two sons of the testator Bharat Kumar and Tilok Chandra, both being legatees under the will, for its revocation.

(3.) A passage from the above judgment is cited by the applicants to revoke the grant and to ask the executor to prove the will in Court. The passage is this: