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2017 Supreme(Bom) 1587

R.D.DHANUKA
Purshottam Vasudev Nagpal – Appellant
Versus
Rani Lalchand Kalro – Respondent


Advocates Appeared:
For the Petitioner:U.J. Makhija i/b Thakore Jariwala & Associates, Advocates
For the Respondents:F. Mussa i/b Prakash L. Mahadik, G.R. Joshi, Senior Advocate with Piyush Raheja i/b Federal & Rashmikant, F. Behram Kamdin, Bhansali i/b FZB & Associates, Advocates

JUDGMENT :

1. By this petition filed under section 263 of the Indian Succession Act, 1925, the petitioner has prayed for revocation and cancellation of the original grant of Probate dated 29th September, 2010 with the Will annexed and seeks a direction against the respondent no.1 to deposit the said Will and the grant of Probate dated 29th September, 2010 with the learned Prothonotary & Senior Master of this Court and for other relief’s.

2. This Court framed the following issues:-

Sr.No.

Issues

Findings

(1)

Whether the Petitioner proves that the probate granted to the alleged Will dated 3rd November, 2004 was not validly and properly granted for the reasons and on the grounds set out in paragraph 30 of the Miscellaneous Petition?

No

(2)

Whether the Respondent no.1 proves that she was legally adopted daughter of the deceased?

Yes

(3)

Does the Petitioner prove that he has a caveatable interest and the necessary locus to file the instant Petition?

No

(4)

What orders?

As per order

3. The petitioner is a son of t

































































































































































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