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 deceased had only sister viz. Rajkumari Pushpakumari Devi (Smt.Pushpa Prasad) and had two brothers viz. Kunwar Chandra Bahadur Singh and Kuwar Padam Bahadur Singh. The said sister and two brothers predeceased the deceased. The said sister viz. Rajkumari Pushpakumari Devi (Smt.Pushpa Prasad) who passed away on 11th April, 2010. The petitioner and the respondent are the son and the daughter of Smt.Pushpa Prasad respectively. It is the case of the petitioner that the petitioner and the respondents were the only legal heirs of the said deceased. The said deceased expired on 24th October, 2015.

3. On 29th March,2016, the respondent filed a petition (558 of 2016) inter alia praying for Letters of Administration of the Will and Last Codicil thereto annexed to the properties and credits of the said deceased in this court. In paragraph (9) of the said petition, the respondent stated that the said deceased had left her surviving as her only heirs and next-of-kin as per the provisions of the Hindu Succession Act, 1956 i.e. (1) Mr.Kamal Prasad and (2) Ms.Kumud Deepak Vaidya (respondent herein and the original petitioner in the Testamentary Petition No.558 of 2016).

4. It is the case of the petitioner that during the period between 1984 and 2003, the petitioner looked after the day to day needs of the deceased including her expenses. It is also the case of the petitioner that in the year 1979, the respondent was married and since then, has at all times resided in Mumbai. According to the petitioner, the respondent did not share a close or affectionate relationship with the deceased and on the other hand the petitioner and the said deceased shared a very good relationship, she being a maternal aunt to the petitioner.

5. Sometime in the year 2004, the said deceased, the petitioner and the mother of the respondent had filed a suit bearing no. 422 of 2004 before the learned Civil Judge, Senior Division, Dehradun against the Reserve Bank of India and others for various reliefs. In the year 2007, the said deceased and the mother of the petitioner filed a suit bearing no. 7 of 2007 before the Court of learned Additional District Judge, Dehradun against Hindustan Petroleum Corporation and others. On 11th April, 2010, the mother of the petitioner and the respondent i.e. late Ms.Pushpa Prasad expired. Both the parties have propounded a separate Will in respect of their mother Ms.Pushpa Prasad.

6. It is the case of the petitioner that sometime in the year 2009, various third parties filed criminal proceedings against the petitioner and as a result thereof, the petitioner had been staying away from Dehradun for certain period of time. However, he continued to look after the said deceased who was staying at Dehradun. It is the case of the petitioner that sometime in the year 2014, t