G.S. Patel, J.

A. BACKGROUND; PARTIES:

1. Dinanath Harishchandra Tarkar ("Dinanath"; "the testator"; "the deceased") died on 20th January 2001. He left a Will dated 9th March 1981. (Exhibit B, pp. 9-11)

The original Plaintiff, Sulochana Dinanath Tarkar ("Sulochana"), sought Letters of Administration with this will annexed. She was Dinanath's second wife and the sole beneficiary under his Will.

2. Dinanath's first wife was also named Sulochana, the name she was given after marriage. Her maiden name was Sumati Poyrekar. She died on 11th November 1954. She and Dinanath had two children, Anil Dinanath Tarkar ("Anil") and Savita Chandrakant Naringrekar ("Savita"; Snehalata before marriage). Anil was an infant a few days old and Savita a child of three when their mother passed.

3. Dinanath then married the original Plaintiff, his second wife, also named Sulochana, in May 1955. (References in this judgment to 'Sulochana' are, therefore, to Dinanath's second wife.) The original Plaintiff's maiden name was Godavari Ganpath Birje. She was given the name Sulochana on marriage. They