- (1.) BY this chamber summons, plaintiff/petitioner in suit no. 78 of 2012 seeks dismissal of the caveat dated 21st June, 2012 filed by the caveator Ms.Nirmala Patrcik Bergan and permission to proceed with the petition and obtain grant of probate of the last Will and testament dated 17th December, 1999 of the deceased Mrs.Florie Lawrence D'Souza.
(2.) MR .Mehta, learned counsel appearing for the petitioner submits that affidavit in reply is served upon the petitioner's advocate by the caveator respondent now and petitioner be permitted to proceed on the basis of denial. Permission is granted. Some of the relevant facts emerge from the pleadings, for the purpose of deciding these proceedings are summarized as under: - On 23rd June, 2008, Mrs.Florie Lawrence D'Souza expired (hereinafter referred to as the said deceased). She had executed her last Will and Testament dated 17th December, 1999. The said deceased left behind her four daughters and one son. By the said Will, the said deceased appointed two of her daughters as executrixes who are the petitioners in petition (561 of 2012). The residuary legatees under the said Will were four daughters of the said deceased.
(3.) BY a letter dated 9th July, 2012 the caveatrix (Mrs.Nirmala P.Bergen) through her advocate addressed to all the legal heirs including executrixes appointed under the Will of the said deceased requested the executrixes to take steps for obtaining probate of the Will of the said deceased.;