- (1.) On 21st Auust, 1996, Shree Kishan Jhunjhunwala who resided at 21, Sir Hariram Goenka Street, Calcutta - 700 007 (now Kolkata) made and published his last Will and Testament. I will come to the bequests made in this WiH_and Testament, later. On 1st December, 1998 he died. In the Will the testator had appointed Biswanath Jhunjhunwala one of his sons and Tarun Jhunjhunwala, son of his predeceased son Bikram as the Joint Executors. On or about 2nd July, 2001 the executors verified an application filed in this Court for obtaining probate of the Will. It was numbered as PLA No. 217 of 2001. It appears from the records that along with the said application for grant of Probate, the above propounders, filed inter alia a declaration said to be signed by Manmohan Jhunjhunwala a son of the testator and the present applicant, dated 28th March, 2001. In that document he was identified by an advocate. It was a declaration of his consent to the grant of Probate to the propounders. In this application the authenticity of this document is challenged, to which I will advert to in detail, later. The above Will was probated in common form by this Court on 18th October, 2001. I am told that on 29th November, 2001 a Deed of Assent was executed by the Joint Executors.
(2.) Now, this application G.A. 2607 of 2009 has been filed by Manmohan Jhunjhunwala, one of the sons of the testators. It was filed as late as on 16th September, 2009, almost eight years after grant of Probate. It seeks revocation of the grant on many grounds. Some of the important grounds are as follows: a) The declaration of consent by Manmohan Jhunjhunwala dated 28th March, 2001 is a forged document. Therefore, this Court ought not to have accepted the consent as true and granted Probate in common form without issuance of citation to the heirs and other persons interested in the estate of the testator including the applicant. b) The applicant had no knowledge of the Will or the Probate till 10th August, 2009. It came to his knowledge after he got information that the executors or legatees under the Will were trying to mutate their names in the records of Dumdum Municipality. The Dumdum Municipality officials apprised him of the Will and the Probate. c) The will of Shree Kishan Jhunjhunwala is forged and brought into existence by the executors. The father never executed any Will. THE WILL:
(3.) Let me discuss the disposition made by Shree Kishan Jhunjhunwala, by his Will.;