JUDGMENT :

1. The present Testamentary Suit seeks Probate in respect of a Writing dated 24th March 1997 (‘the said Will’), which the Plaintiff propounds as being the last Will and Testament of one Mansukhlal Kanji Shah (‘the deceased’).

The facts briefly stated are as follows: -

2. The deceased passed away on 2nd December 1998 leaving behind him, as his only legal heirs and next of kin in accordance with the Hindu Succession Act, 1956, the following persons: -

1. Jayaben Mansukhlal Shah (Wife)

2. Prakash Mansukhlal Shah (Son)

3. Lata Dhirajlal Gala (Married Daughter)

4. Sunita Anantrai Mehta (Married Daughter)

The Plaintiff is the son of the deceased and the executor named in the said Will. Jayaben Mansukhlal Shah is the wife of the deceased and Lata Dhirajlal Gala is one of the married daughters of the deceased both of whom have consented to the grant of probate. Sunita Anantrai Mehta, the Defendant to the present Suit is the other married daughter of the deceased who has opposed the grant of Probate by filing a Caveat. The main grounds of challenge raised in the Affidavit in Support of the Caveat inter alia are that the said Will is forged and fabricated and is an unnatural Will.

3. Base