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2016 Supreme(Bom) 386

G.S.PATEL
Jitendra Singh Rajendra Singh Kushwaha – Appellant
Versus
Suresh Rajendra Singh Kushwaha – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Shailesh Shah, Senior Advocate with Ms. Mamta Sadh, Ms. Ujwala Deshmukh, i/b M/s. Zohair & Co.
For the Defendant : Mr. Zubin Behramkamdin with Mr. Jacob Kadantot & Mr. Ajit Shah, i/b Nitin Parkhe.

JUDGMENT :

G.S. PATEL, J.

1. Rajendra Singh Kushwaha (Rajendra, the Testator the deceased) died in Mumbai on 18th December 2009. The Plaintiffs are his elder son, Jitendra; Jitendra’s wife, Suman and their daughter, Nisha. All three Plaintiffs are Executors named in Rajendra’s Will dated 10th May 2006. They seek probate to this Will. They are opposed by Rajendra’s younger son, Jitendra’s brother, Suresh.

2. Rajendra’s wife, Damayanti, died before him in 1985. She bequeathed her entire estate to Rajendra, her husband. Rajendra and Damayanti had five children, three daughters and two sons. The three daughters, Prafulla Devendrapal Singh Chauhan (Prafulla), Aruna Dinesh Jayant (Aruna) and Bina Nishikant Singh Chauhan (Bina) are all married and have children. Jitendra and Suman have four children: Nisha (Plaintiff No. 3), Ajit, Manisha and Anjali. Suresh (Rajendra and Damayanti’s younger son; Jitendra’s brother) is married to Nita Suresh Kushwaha (Nita). They have two children, Yashraj and Swati.

3. Rajendra was a practicing advocate till the 1960’s, and it shows: the alleged Will is punctilious
















































































































































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