IT IS SUBMITTED THAT IN ... Vs. RAJENDRA

JUDGEMENT

(1.) In this application for discharge of caveat the question arises whether the son-in-law of the uncle of the testatrix would have a caveatable interest.

(2.) Shorn of details, Shrutika Doshi, the testatrix appears to have made and published two Wills during her lifetime. The first Will was made and published on 1st March, 2013 and was registered on 22nd May, 2013. In between, the testatrix appears to have made and published another Will on 22nd April, 2013 by which she revoked all earlier Wills.

(3.) In the first Will, the testatrix appointed her husband Shri Tejash Doshi as the sole executor and the trustee of the Will, failing which Shri Yash Vardhan Mall, son of Late Jagmohan Mall as the sole executor. The testatrix created a trust by the Will. The minor daughters are the beneficiaries. Under the first Will, Tejash Doshi and Yash Vardhan Mall were appointed as trustees who were to act jointly for the purpose of implementing the objects of the trust. It is provided that in case of vacancy, surviving trustee shall appoint a competent person selected by him to continue as trustee.