The main legal point established in the judgment is the requirement for valid execution of a Will, as per the provisions of the Indian Evidence Act, 1872, and the need to remove all legitimate suspicions and doubts before a Will can be probated.

1. The lis in the aforesaid two suits is essentially between a brother and a sister. Both have set up and relied upon one Will each of their mother. Both have objected to the Will produced by other.

2. The father of the parties had initially executed a Will on 22nd March 1978. That Will was drafted and executed in the office of M/s.Shantilal & Company, Attorneys-at-law.

3. The Will of the father, running into 2 pages, shows his separate and self acquired properties contained in his 50% share in a partnership firm of A.P. Patel & Company at Jalna. The father had 60% share in the said partnership firm. His son (the brother herein) had 40% share therein. He had bequeathed 50% share to his wife and 10% share to his son making shares of the son and the wife equal in the partnership. The residential building owned by the father at Jalna was bequeathed to his son. The residue of his estate was bequeathed to the wife. The daughter (the sister herein) was not bequeathed any estate. That aspect has not been challenged. The brother continued the business with the mother. The brother continued to reside in Jalna. The sister has been married and settled in London, United Kingdom.

4. There have been various allegations made with regard to his personal life with which these suits are not concerned.

5. The mother is stated to have made her first Will on 24th May 1989. This is the Will propounded by the daughter. This Will, also running into 2 pages, is also prepared by Shantilal & Company, Attorneys-at-law. It is much like the Will of the father and in fact, almost copied from the Will of the father with certain corrections and amendments. Under the said Will, the style of which is like the Will of her husband, the mother has bequeathed the entire estate to her daughter who has been appointed executrix. This essentially is contained in the 50% share in the partnership firm of A.P. Patel & Company. Paragraph 6 is the material alteration in the Will of the mother. As against the Will of the father where the father has bequeathed the residential building at Jalna to the son, the mother has declared that she is not giving anything to her son who has received sufficient estate under the Will of her husband but has mismanaged the affairs and sold away various immovable properties without giving her any share in the sale and for which he is accountable to her. She has directed the executrix (the sister) to demand, explain and account from her son and if possible to recover the estate, if she so desired. She has also granted the residue of the estate to her daughter.

6. Thereafter the mother is shown to have prepared another Will which is propounded by the son. That Will is rather different, though it proceeds in the same style in which the first two Wills are concerned in the beginning. It mentions about the family of the mother, the business of herself and her son, her various movable properties, her flat at Nepeansea road, Mumbai and certain small separate bequests made by her to her grandchildren and others as well as specified bequests made to her daughter and her daughter-in-law (being the sister and the wife of the brother, respectively). The Will also shows the residuary estate given to the son and a bequest made to the daughter-in-law if any of the legacies failed. The Will further shows the entitlement of the son to manage and invest the estate and a direction to the heirs not to create disturbance in the family. The Will essentially bequeaths to the son her 50% share in her business as also her residential flat in Mumbai. This Will is a more detailed Will running into four pages.

7. The signatures of the deceased on both the Wills are at the foot of the last page. The attesting witnesses in both the Wills have signed at the foot of the last page. The deceased has signed the Will bequeathing her property to her son also on the first page of the Will. In the Will bequeathing her property to her daughter the deceased has signed o