LALITA MANHARLAL SHAH Vs. ASHOK KUMAR MANHARLAL SHAH

JUDGEMENT

(1.) The Testamentary Petition No.495 of 1993 was filed by Ajay Manharlal Shah for grant of Letters of Administration with the Will attached. The Will is alleged to have been left behind by Smt. Lalitaben Manharlal Shah who expired on 19th February 1993. The Will is dated 25th April 1986 (hereinafter referred to as the said Will) and was executed at Ahmedabad. The Plaintiff/Petitioner has stated in the Petition that the said Will/writing is in Gujarati language in the handwriting of the deceased.

(2.) In the said Petition No.495/1993, the Defendant who is admittedly the elder son of the deceased and brother of the Plaintiff/Petitioner filed a Caveat dated 14th October, 1993. In the Caveat dated 14th October, 1993 filed by the Defendant, the Defendant contended that the said Will dated 25th April 1986 propounded by the Plaintiff/Petitioner is not the last Will of the deceased. The last Will of the deceased is dated 15th February 1993 and is in possession of Mr. Himanshu Kantilal Shah who is one of the executors named therein. The said Will has been revoked by the Last Will dated 15th February 1993. Without prejudice to the said contention, the Defendant submitted that the said Will is not duly executed as required by law. The deceased had not signed the said Will dated 25th April 1986 in presence of the so-called two attesting witnesses and the application of the Plaintiff/Petitioner is false in this regard.

(3.) Thereafter, the Defendant filed a Suit before the City Civil Court at Ahmedabad being Suit No.3523 of 1997 (the Ahmedabad Suit) for grant of Probate of the Will of the deceased dated 15th February 1993, which suit is dismissed by the City Civil Court at Ahmedabad by a Judgment/Decree dated 22.10.07/30.10.2007 (Exhibits P-27/P-28).