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2016 Supreme(Bom) 2192

G.S.PATEL
Bhavesh Vinodrai Doshi of Indian Inhabitant – Appellant
Versus
Hansaben Vinodrai Doshi – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Naresh Ratnani, with Mr. A. Sharma, i/b Ashwin Ankhad & Associates.
For the Defendant :Mr. Yogesh Yagnik, Advocate.

Judgement Key Points

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JUDGMENT :

G.S. PATEL, J.

1. The Plaintiff (“Bhavesh”) propounds a testamentary writing that he claims says was the Last Will & Testament of his father Vinodrai Bachubhai Doshi (“Vinodrai”). Paper book, p. 6, The Will is said to be dated 7th January 1993. Vinodrai died on 23rd January 1993. Bhavesh says his father made the Will at home, 905, Chandanbala Apartments, 4, Ratilal Thakker Marg, Malabar Hill, Mumbai 400 006. The Petition is for Letters of Administration with Will Annexed.

2. Vinodrai’s only heirs were his son, the Plaintiff (“Bhavesh”); his widow, the 1st Defendant, Smt. Hansaben Vinodrai Doshi (“Hansaben”); and their married daughter, Mrs. Rita Amit Shah, the 2nd Defendant (“Rita”). After her marriage, Rita lives not far from the Chandanbala Apartments flat at Walkeshwar Road.

3. The Petition was initially opposed by both Hansaben and Rita. It seems that Hansaben later attempted to withdraw her Caveat. Paper book, pp. 37 & 40 Rita opposed the Petition to the very end.

4. The Will in question, marked in evidence as Exhibit “A”, is a holograph, i.e., a handwritten Will i



































































































































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