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2016 Supreme(Bom) 773

G.S.PATEL
CHITTARANJAN NAROTTAMDAS NEGANDHI – Appellant
Versus
HEMKALA ALIAS MEENAKSHI MANSINGH UDESHI – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Arzan Bulsara, with Ms. Neha Kodap, i/b Tyabji Dayabhai
For the Defendants : Mr. M.M. Shah, i/b Mr. Amod Mulye & Mr. Vivek Tambe, Ms. Dimple R. Joshi, i/b Ms. P.G. Bhatia

JUDGMENT:

1. The Plaintiff seeks probate of a Will dated 24th May 1973 left by his mother, Bhanumati Narottamdas Chapsi (“Bhanumati”). Bhanumati’s husband was one Narottamdas Negandhi, but it appears that she did not take his surname. It is not disputed that Bhanumati, born in 1919, was about 54 years old when she made the Will in question, or that she lived for 19 years thereafter until her death at the age of 73 on 14th May 1992. Narottamdas died before she, on 24th July 1979. He was one of the two Executors named in her Will; the Plaintiff is the other. The Plaintiff is, thus, the sole surviving Executor of Bhanumati’s Will.

2. Bhanumati and Narottamdas had six children: Pratapsingh, born in 1936; Yaswant, the 2nd Defendant, born in 1941; Indumati, the 3rd Defendant’s mother, born in 1943; Hemkala, born in 1948, the 1st Defendant; Chittaranjan, the Plaintiff, born in 1950; and Kirtikumar born in 1952. Of these six children, Pratapsingh and Kirtikumar have not opposed this Petition. Hemkala, Yaswant and Indumati, all filed Caveats and supporting Affidavits and are now arrayed a





























































































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