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2018 Supreme(Bom) 1124

G.S.PATEL
In The Matter Between Bindia Kriplani – Appellant
Versus
Naresh Nathulal Pal – Respondent


Advocates Appeared:
For the Plaintiffs : Ms Pooja Khandeparkar, with Khushnuma Khan, Mr Asadullah Shaikh & Asfiya Cutchi, i/b KK Associates.
For the Defendants and For the Applicants In Notice of Motion No. 28 of 2018 : Mr. HV Kumarswami

JUDGMENT :

1. This Notice of Motion requires more explanation than it deserves. The three Applicants Naresh Nathulal Pal, Pushpa Hemraj Bakhiya and Hemraj Gangasai Bakhiya are not related either to Balakrishna Ladhmal Chhabda (“Balakrishna”), the first of the two deceased persons, or his daughter Urvashi Balakrishna Chhabda (“Urvashi”). They were the Chhabda family’s servants.

2. It seems that Balakrishna died leaving a Will dated 28th September 2010. His executors, one Rakesh Kumar Jhunjhunwala and Bindia Kripalani sought Probate to that Will. In his Will, Balakrishna said that his daughter, Urvashi, unmarried, was unable to look after herself. The Will said that she suffered from severe mental health conditions. She was the sole legatee of his entire estate. The Will placed the responsibility on the executors: if two doctors certified to Urvashi’s capability, the executors and trustees of Balakrishna’s estate and Will would hand over the corpus of his estate and all accretions to her. The Testamentary trust would thus then end. Urvashi herself filed a Testamentary Petition No. 1645 of 2013 seeking Letters of Administration without Will annexed claiming to be the sole heir and there















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