1. The Plaintiff has sought to probate the Will of his mother Gouri Banerjee dated 30th July 1978 as the last Will and testament executed by the deceased on that day. The deceased died on 11th February 1996. The Plaintiff is the son of the deceased. The Plaintiff’s sister was the other heir of the deceased. She died soon after the deceased on 23rd February 1996 leaving behind her daughter as her only heir and legal representative. The said daughter is the Defendant in this suit.

2. The only essential property of the deceased is a flat in which she resided being Flat No.1A, Evergreen, 1st floor, Perry Co-op. Hng. Society Ltd., Perry Road, Bandra, Mumbai-400 050. There is a dispute with regard to the title of the flat in the Civil Court between the parties with which this suit is not concerned.

3. It is the Plaintiff’s case that the deceased bequeathed the said flat and all her other movable and immovable properties to him under the aforesaid Will. The Plaintiff is appointed executor under the Will. The Plaintiff was married to a German National. He was residing with the deceased initially in Mumbai and thereafter in a separate premises in Mumbai. Later he was the Non Resident Indian (NRI) residing in Germany along with his family.

4. The Defendant was the niece of the Plaintiff and the granddaughter of the deceased (daughter of the daughter of deceased). The Defendant resided with the deceased since prior to her marriage in 1989. After her marriage her husband also resided with the deceased.

5. It is the case of the Plaintiff that because he was resident in Germany he had requested his niece to live with his mother to take care of his mother as her companion. After the death of the mother he told his niece to leave the flat, but she continued to stay therein unlawfully. The parties have had litigation in the Civil Court in that behalf.

6. It is the case of the Defendant that the deceased herself had wanted and requested her to live with her since long prior to her own marriage, which she did, because her son was married and lived separately in Mumbai and thereafter, in Germany. It is also her case that after residing in Germany the Plaintiff rarely came to meet his mother and had not come for a number of years prior to her death. He also did not attend his mother’s funeral.

7. The Defendant has challenged the Will being fabricated on the ground that it could never have been so executed by the deceased in view of the circumstances that prevailed between the parties. It is claimed by the Defendant that the signature of the deceased has been obtained by the Plaintiff under undue influence or by importunity or in collusion and conspiracy with the Chairman of the Society who was the trusted person of the Petitioner.

8. Upon these respective cases of the parties the following issues are framed and are answered as follows:

1. Whether the last Will and Testament of the deceased Gouri Banerjee dated 30th July 1978 was validly executed. - No

2. Whether the said Will has been fabricated or obtained by the Plaintiff under influence, or in collusion and conspiracy with the attesting witness to the Will who was the trusted person of the Plaintiff. - Yes

3. What relief, if any, is the Plaintiff entitled to ? - As per final order

9. The Plaintiff has sought to prove the Will upon his own evidence of being present at the time of its execution and upon the evidence of one of the attesting witnesses. The Defendant has sought to disprove the Will upon her evidence with regard to the relationship of the Plaintiff with his mother as also her relationship and her stay with her grandmother, the deceased, which made it improbable that the deceased would have executed such a Will. The Defendant has examined herself and produced certain documents to show the state of affairs.

10. Based upon such oral and documentary evidence it is to be seen whether the aforesaid Will was a natural Will of the deceased or whether it is besotted with sever