R.D. Dhanuka, J.

1. By the testamentary petition bearing No. 604 of 2005 filed by Mr. Jivaji Framroze Tarachand and Khurshed Naval Wadia, they applied for probate of the alleged last Will and Testament dated 27th December, 2004 of Mr. Jimmy Keki Tarachand (hereinafter referred to as the said deceased). During the pendency of the testamentary petition, Mr. Jivaji Framroze Tarachand expired. The original caveator Mr. Minoo S. Mistry also expired. Legal heirs of the said original caveator were brought on record in place of the original caveator. In view of the caveat filed by the original caveator, the testamentary petition has been converted into testamentary suit (85 of 2005). Some of the relevant facts for the purpose of deciding this suit are as under :-

2. Mr. Jivaji F. Tarachand was paternal uncle of Mr. Jimmy Keki Tarachand. Mr. Dinshaw S. Mistry and Mr. Minoo S. Mistry were maternal uncle of the said deceased Mr. Jimmy Keki Tarachand. Mr. Khurshed N. Wadia was son of the predeceased paternal uncle of the deceased Mr. Jimmy Keki Tarachand. Ms. Parveen D. Prudhomme w