R.D.DHANUKA
Kamal Prasad – Appellant
Versus
Kumud Vaidya – Respondent
R.D. DHANUKA, J.
1. By this petition filed under section 263 of the Indian Succession Act, 1925, the petitioner seeks revocation of the Letters of Administration issued by this court 29th August, 2016 in Petition No.558 of 2016 filed by the respondent in this court in respect of the last Will and Testament and first codicil annexed to the property and credit of Ms.Rajkumari Padmakumari Devi (hereinafter referred to as the said deceased). Some of the relevant facts for the purpose of deciding this petition are as under :-
The said deceased was a permanent resident of 59, Rajpur Road, Dehradun 248001 and at the time of her death the fixed place of abode was 3rd Floor, 251, Suraj, Walkeshwar Road, Mumbai 400 006.
2. It is the case of the respondent that the said deceased had left two writings in English language which were her last Will and Testament and First Codicil to the said Will dated 25th August, 2015 and 15th September, 2015 respectively. No executor was appointed under the said Will and Codicil by the said deceased. It is the case of the respondent that the said deceased died as a spinster. The parents of the deceased had already per-deceased the deceased. The said dec
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