SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Bom) 2644

R.S.DALVI
Bhagwatibai Khetan – Appellant
Versus
Ashokkumar Bhagwati Prasad Khetan – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. J.P. Sen, Mr. Phiroz Colabawala, Mr. Sachin Kudalkar i/b. M/s. Madekar & Co.
For Respondents/Defendant: Mr. Vivek Kantawala a/w. Ms. Bhairavi Walawalkar i/b. Vivek Kantawala & Co.

JUDGMENT

R.S. Dalvi, J.

1. The plaintiff has sued for probate of the last will and testament of his mother Bhagwati Bai Khetan dated 27th August, 2001. The plaintiff's brother and sister have challenged the will and are accordingly the defendants in the suit upon filing their respective caveats. Another brother one Ravindrakumar has not challenged the will. Under the will the plaintiff is the largest beneficiary. The other brother Ravindrakumar has also been bequeathed the 1/2 share of the deceased in one haveli in Rajasthan. The defendants have not been bequeathed any part of the estate of the deceased. The defendants claim that the will has been got prepared by the plaintiff by practicing fraud and coercion upon the mother.

Upon the respective cases of the parties the following issues were framed by this Court and are answered as follows:

ISSUES FINDINGS

1 Whether the last will and testament of Smt. Bhagwatibai Khetan dated 27th August, 2001 was validly executed. Yes

2 Whether the said will was executed by fraud or any coercion No

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

2. The plaintiff has deposed about the relationship of the parties and the state of


























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top