GORDHANDAS NATHALAL PATEL Vs. BAI SURAJ

JUDGEMENT

(1.) The petitioner prayed for the grant of letters of administration with the will annexed of the assets and property left by his deceased uncle Somnath Bapuji who died in Bombay at about 3 A.M. on 14 April 1918 in the house of the petitioner. The deceased Somnath, according to the petitioner, executed a will at about 10 P.M. on the 13 April 1918, that is about five or six hours before his death. The opponents to the grant were the widow of the deceased and her two daughters. Two other daughters of the deceased by his first wife have acquiesced is the petitioner's claim to letters.

(2.) The Judge in the Court below has refused to grant letters with the will annexed to the petitioner. There is no doubt that Somnath was very ill. But at the same time the evidence that a will was drawn up and signed by him when he was in a state of consciousness is all one way. Then the learned Judge has unfortunately taken a wrong view of the provisions of the will which, in my opinion, are exactly the provisions which a man in the position of Somnath would have made, that is to say, he gives his widow a certain sum in cash, and a life interest in the immoveable property, with the remainder to his two nephews; while he gives legacies to the daughters, and provides a sum of money for the marriage of his youngest daughter.

(3.) I cannot agree with the Judge when he says that such a will prima facie in the case of a divided co-parcener, who, according to the evidence, was a loving husband and father, would appear unnatural.