JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

C.A. No. 11574 of 2009 @ S.L.P. (C) No.17162 of 2006

2. Parmanand Patel, since deceased, was a very wealthy person. He floated several companies including the 5th respondent Company herein known as M/s. Tulsidas V. Patel Pvt. Ltd. Appellant Indu P. Patel is his widow. He also left behind his daughters, viz., Sudha A. Chowgule and Jaya P. Patel, respondent nos.1 and 2 respectively. The company has its assets consisting of shares in different companies as also immovable properties. It owns two multi-storeyed buildings known as “Kanchanjunga” and “D-Tower Building” situated at Peddar Road, Mumbai. It also owns a bungalow known as “Bella Vista” situated at the same road.

According to the plaintiffs (appellants herein), the approximate value of the assets held by the company would be about Rs.367 crores. However, according to the 1st defendant (respondent no.1 herein), the value of the properties owned by the company and its subsidiaries would be about Rs.1120 crores.

Parmanand Patel held 85% shares in the said company. The remaining 15% shares were held by Indu Patel, Sudha and Jaya in equal proportion.

Indisputably, Parmanand Patel had been suffering from various diseases including some neurological ones. For his treatment, he used to frequently visit United States of America accompanied by his wife and daughter Sudha.

One Dr. Hemant Patel, a resident of Mombasa, Kenya is the brother of appellant no.2. One Shirish Patel, who is a chartered accountant is the nephew of Parmanand Patel.

Indisputably, on 23rd January 2005 late Parmanand Patel executed a Will. He also signed letters which are in the nature of gift and/or arrangements in regard to some of his properties. It is also not in dispute that he had gifted two flats in favour of the first appellant apart from making a mediclaim policy for her.

3. Although the Will is undated, it is accepted that the same was also executed on 23rd January 2005, i.e., on the same date when the documents were executed. By reason of the said Will, he is said to have bequeathed 50% of his property to Sudha and 50% to Jaya. In a letter addressed to the 1st respondent, viz., Sudha, he is purported to have recorded that the he had given all his shares to her. By reason of one of the letters addressed to the 1st respondent, he is purported to have given all of his shares to her with a direction that she should retain 46% to herself and give 39% to Jaya. The said gift is said to have been made on certain conditions. A similar letter was also addressed to the 2nd appellant herein. It is, however, not in dispute that appellant no.2 did not agree to the aforementioned arrangement. The said Will was attested by one Dr. Zarir F. Udwadia and one Sh. R.A. Shah, Advocate.

4. Indisputably, when the aforementioned purported Will was executed and the letters were written, Jaya was in the United States of America. Shirish Patel was also in United States. As appellant no.2 admittedly did not agree to the said purported mode and manner of disposition of properties by her husband, another document was prepared on 23rd January 2005 itself, which reads as under :

“TO WHOMSOEVER IT MAY CONCERN

All the documents which I have signed today shall be reviewed by my nephew Mr. Shirish Patel (C.A.). His suggestion will be incorporated in these documents. My (Mrs. Indu Patel) 5% interest in the Tulsidas V. Patel will be given equally to my daughter Sudha and Jaya upon my demise.

Sd/- Sd/- P.T. Patel I.P. Patel Mumbai Dated 23.1.2005

Sd/- Solicitor.”

The said document was signed not only by Parmanand Patel and Indu Patel but also by Shri R.A. Shah, the Solicitor.

Certain developments took place thereafter. A meeting of the company was held wherein Indu Patel was shown to have been present,

However, from perusal of a letter dated 01st September 2005, it now transpires that Indu Patel was given leave of absence on that date. In the said