ZARINA R IRANI Vs. SHAPUR JAWANMARDI

JUDGEMENT

(1.) ). RUSTAM Behram Irani died on 12th November, 1979. He is said to have executed his last Will and testament 12 days before his death on 30th October, 1979. This is what his widow Shirin Rustom Irani and one of the sons Jehangir Rustom Irani set up the case in the testamentary petition filed on 9th February, 1987. We shall refer the widow and the son jehangir individually as well as collectively 'the propounder' - In the testamentary petition the propounder prayed for the Letters of Administration with the Will annexed thereto of the property and credits of the deceased. However the two daughters Zarina R. Irani and Shemiem F. Cutchhi of the deceased objected to the grant of the Letters of Administration and filed their caveat. In the affidavit in support of the caveat, inter alia various objections were taken that; (i) the Will dated October 30, 1979 was not executed by the deceased; (ii) the Will was forged and fabricated; (iii) the deceased at the relevant time suffered from carcinoma prostate gland and did not have testamentary disposition on the date the Will is said to have been executed and (iv)the Will was shrouded by suspicious circumstances. Some of grave suspicious circumstances highlighted in the affidavit in support of caveat are that: (a) the Will surfaced for the first time after the caveators filed the suit in for administration of the estate of the deceased, (b) the contents of the Will were not correct and apparently appear to be fabricated; (c) the bequest was unnatural and (d) the scribe and the details of the person who prepared and drafted the Will were not disclosed. The caveators also set up the case that there was nothing to indicate that the Will was attested by Dr. F. J. Lobo. According to the caveator daughters, the son in collusion of witness P. J. Siganporia prepared the Will after the death of the deceased.

(2.) THE testamentary petition, thus, was converted into suit.

(3.) THE learned trial Judge, on the basis of the pleadings framed five issues. The propounder examined the widow Shirin (P. W. 1 ). Phiroze Siganporia (P. W. 2) and the son Jehangir (P. W. 3 ). The caveators defendants examined juliet Tellis (D. W. 1 ). Donata Fernandes (D. W. 2), Shemiem F. Cutchhi (D. W. 3), Joseph F. D silva (D. W. 5) and the other son Shapoor Jawanmardi (D. W. 6 ). The statements of Dr. A. K. Karekar, Registrar, Maharashtra Medial Council, Bombay and Dr. Ravindra V. Karanjekar, Tata Memorial Hospital, Bombay were also recorded in support of the record produced by them.