The main legal point established is the requirement of valid execution of a will as per the Indian Succession Act, 1925, and the absence of evidence of fraud or coercion.

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 health as well as work of the deceased. The plaintiff has examined one of the attesting witnesses. Upon such evidence the aforesaid issues are required to be considered.

3. Issue No. 1: The last will and testament of the deceased Bhagwati Bai Khetan dated 27th August, 2001 is prepared by an Advocate on legal sized papers including a stamp paper on page one. It has been registered with the Registrar of Assurances soon thereafter on 29th September, 2001 by the deceased. The deceased has put her initials BBK at the foot of each page of the will and has put her full signature "Bhagwati Bai B. Khetan" at the foot of the will. The will has been attested by two witnesses. One of whom is the Advocate who has deposed before the Court and who has prepared the will.

4. The will is in the usual format as are drafted by Advocates. It shows the name, position, address and age of the deceased and the fact of revocation of earlier testamentary disposition. It appoints the plaintiff as the executor. It declares about the movables and immovable properties which the deceased has authority to dispose off. It mentions about the debits and liabilities as well as taxes. It enumerates four immovable properties of the deceased and three types of movable properties. It bequeaths all the movable and immovable properties to the plaintiff and bequeaths the half share of the deceased in one property to another son, Ravindra. It nominates the plaintiff as the trustee of the trusts of the deceased in both of which the deceased was the sole surviving trustee being Bhagwati Prasad Khetan Trust and Bhagwati Khetan Lok Hitkari Trust. It also makes the plaintiff the residuary legatee.

5. The defendant No. 1 is also the son of the deceased. He has been completely disinherited. His brother Ravindra has been bequeathed only one of the properties of the deceased. The defendant No. 2 is the married daughter of the deceased and has not been bequeathed any property. To show the valid execution of the will the plaintiff has relied upon a number of documents, both private and public showing the signature of the deceased, the most important of which is the passport of the deceased marked Exhibit-P3 containing her entire long signature "Bhagwati Bai B. Khetan". The plaintiff has produced a minutes of the meeting signed by the deceased with her initials and signature on 27th June, 1995 as Exhibit P6. The plaintiff has produced certain letters addressed by the deceased with her full signature or initials addressed to the Central Bank of India bearing the stamp of the deceased which is marked Exhibit P8. There are certain documents with regard to the trust in which the deceased worked prior to and immediately after the execution of the will. The plaintiff has produced the letter dated 5th September, 200