1. Plaintiff/Petitioner has filed this petition interalia praying for probate of the last Will and Testament No. (1 of 2001) of Mr.Domnic D'Souza (hereinafter referred to as the said deceased).

2. It is the case of the plaintiff that the said deceased had executed a Will dated 6th March, 1996 and had appointed the plaintiff as his sole executor of the said deceased. The said deceased died leaving behind him the plaintiff who was his son, widow Mrs.Agnes D'Souza, Mr.Walter D'Souza, son, Mr.Melvyn D'Souza, son of the predeceased son of the said deceased and Mrs.Julie D'Mello, married daughter. It is the case of the plaintiff that the said Will was attested by Mr.James M.D'Mello and Mr.Satish Ramdas Patil. Dr. Suresh W.Nagdev had examined the said deceased on 6th March, 1996 and found him to be of a sound and disposing mind. On the said Will, the said doctor had made such endorsement and certified that the said doctor had examined the said deceased and found him to be in a sound disposing mind and had fully understood the contents of the said Will. Citation was served upon the legal heirs and next of kin according to the provisions of Indian Succession Act, 1925 by which parties were governed. Mrs. Julie D'Mello, married daughter of the said deceased filed a caveat on 25th June, 2001 and affidavit in support of the caveat on 25th June, 2001. In view of the caveat and affidavit in support filed by the caveator, the said probate petition was converted into a suit.

3. In the said affidavit in support of the caveat, caveator disputed the Will executed by the said deceased and alleged that the same was forged and fabricated. According to the caveator, the said deceased had revealed to the caveator in presence of the other party that he had kept behind the sufficient amount and property for caveator in his Will and that the Will was the last Will and testament. It is alleged that the petitioner however did not disclose any such Will and shall be directed to produce last Will of the said deceased before this court. It is also alleged that in the month of April, 1996, the caveator had visited the deceased and found that his physical and mental condition was very weak. It is alleged that Will of the deceased propounded by the plaintiff did not appear to be a genuine Will of the deceased because during the time of execution of the Will, the deceased was suffering from ill health and he was frequently hospitalized. It is alleged that during the month of March, 1996, the said deceased was unable to walk and was not mentally fit. The said deceased was also admitted in RCF hospital for some days. On these grounds, the caveator sought dismissal of the petition.

4. On 9th August, 2002, the caveator filed additional affidavit disputing the signature of the deceased on the alleged Will. It is also alleged that the petitioner has shown less valuation of the property in the schedule and have not paid court fees properly and had played a fraud on this court.

5. On 8th June, 2011, this court framed three issues in the suit and directed the plaintiff to file his affidavit of examination in chief as also further witnesses and the affidavit of documents. Following issues were framed which are answered as under :-

“1. Whether the last Will and Testament of the deceased Domnic Joseph D'Souza dated 6th March, 1996 was validly executed ? Yes

2. Whether the deceased was in sound state of mind at the time of execution of the Will ? Yes

3. What relief, if any, is the plaintiff entitled to ? As per order”

6. The defendant had engaged an advocate who was asked to return the papers by the defendant. Defendant thereafter started appearing in the matter through her Constituted Attorney who is her husband. On 8th September, 2011, this court took the affidavit dated 16th July, 2011 of the plaintiff in lieu of examination in chief and affidavit dated 16th July, 2011 of the attesting witness Mr.Satish Patil in lieu of examination in chief on record and also l