LAWS(PVC)-1910-7-48

BAPUJI NUSSERWANJI VATCHAGHANDY Vs. SORABJI ARDESHIR VATCHAGHANDY

Decided On July 22, 1910
BAPUJI NUSSERWANJI VATCHAGHANDY Appellant
V/S
SORABJI ARDESHIR VATCHAGHANDY Respondents

JUDGEMENT

(1.) The plaintiffs in this suit, Bapuji Nasserwanji Vatchaghandy and his brother Rustomji Nasserwanji Vatchaghandy, apply for Probate of a Will made on the 16th of December 1895 by their maternal aunt Bai Jaiji, daughter of Maneckji Sorabji Vatchaghandy and the younger sister of their mother Bai Meherbai. Jaiji died on the 30 May 1909. The Will is written out by Mr. Keykhusru Sorabji Engineer, a retired Government Officer, who served Government in various capacities for many years and eventually was invalidated and retired on pension in 1895. The Will is admittedly signed by Jaiji in her own handwriting and is attested by the writer of the Will, Dr. Engineer and Colonel Boyd, a Justice of the Peace and a Member of the Indian Medical Service who was connected with Bombay for many years.

(2.) Against their petition for probate, the defendant Sorabji Ardesar Vatchaghandy has filed a caveat. Sorabji is the son of a brother of Jaiji and Meherbai. In his affidavit in support of the caveat he says that he would be entitled to 2/3rds of the estate of Jaiji if Jaiji had died intestate. He states that the writing propounded by the plaintiffs as the last Will and testament of Jaiji is not her Will, that Jaiji was not, "at the time the said alleged Will purports to have been made or at any other time, of sound disposing mind, memory and understanding". He further urges that Jaiji did not execute the said Will of her own free-will and pleasure but that the execution of the said alleged Will was obtained by the undue influence of the plaintiffs and their mother, Bai Meherbai.

(3.) The plaintiffs in the Schedule annexed to their petition show that the only property left by Jaiji is of the value of Rs. 5,415. From this they deduct Rs. 5,000, which is the sum directed in the Will to be spent for the funeral and obsequial ceremonies attendant on the death of the testatrix. The only estate, therefore, available for distribution or administration is of the value of Rs. 415.