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2015 Supreme(Bom) 105

G.S.PATEL
Madhuri Pukharaj Baldota – Appellant
Versus
Omkarlal Daulatram Banwat – Respondent


Advocate Appeared
For the Plaintiff:J.S. Kini, i/b Suresh Dubey, Advocates.
For the Defendants:S.M. Shettigar, i/b Chandrakant P. Yadav, Advocates.

Judgment

1. One Achaldas Hirachand Baldota (“Achaldas”) died in Mumbai on 9th January 1997. According to the Petitioner, Madhuri Pukharaj Baldota (“Madhuri”), Achaldas left a validly executed Will dated 26th July 1988. Madhuri is the sole executrix named in the Will, and she seeks to probate it.

2. Achaldasand his wife, Rajubai Baldota (“Rajubai”) had three children: a son, Pukharaj Achaldas Baldota (“Pukharaj”), Madhuri’s husband, and two daughters, Kanta Bansilal Lodha (“Kanta”) and Vasanti Omkarlal Banwat (“Vasanti”). Pukharaj was married first to one Kuntabai, with whom he had two children, Neeta Sumtilal Lodha (“Neeta”) and Sunanda Kamal Jain (“Sunanda”). Both are now married. After Kuntabai’s death, Pukharaj married Madhuri in 1984. Rajubai and Pukharaj both died before Achaldas: Pukharaj died on 10th December 1980 and Rajubai died on 10th February 1990. In other words, Pukharaj died before Achaldas and before he made his Will, while Rajubai died before Achaldas but after he made his Will.

3. Under the Will that Madhuri propounds, Achaldas allegedly revoked and annulled an e










































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