1. The Petitioner / Plaintiff in Testamentary Suit No.127 of 2010 is the sister of the deceased Mahendra Premchand Shah whose last Will and testament dated 25th February, 2007 is sought to be propounded. The caveatrix is the wife of the deceased. The Will has been challenged on the ground that it is forged and / or executed under duress. The Petitioner must prove the valid execution of the Will as per law. The Petitioner must show that the deceased was in sound state of mind at the time of execution of the Will. The caveatrix must prove the forgery or duress.

2. Based upon the respective pleadings of the parties Justice D.G. Karnik, framed issues on 9th January, 2012 which are as follows:

ISSUES

1 Does the Plaintiff prove that the writing dated 25th February,2007 is the last Will and Testament of late Mahendra Premchande Shah (testator) and the same was duly executed and attested as required by law? Yes

2 Does the Plaintiff prove that the testator was in sound state of mind when the Will was executed? Yes

3 Does the Defendant prove that the alleged Will dated 25th February,2007 is fabricated and/or forged. No

4 Does the Defendant prove that the deceased was under the con