The court concluded that the alleged Will of Bipin Gupta was not validly executed due to significant discrepancies and lack of credible evidence, leading to its dismissal.

JUDGMENT :

1. What is before me is adjudication of Testamentary Suit No. 14 of 2004 originally filed as Testamentary Petition No. 80 of 2004. Petition was originally filed by one Mr. Vasant Sardal (executor of the Will) of Bipin Gupta (the deceased - testator). There is a history to the proceedings which I will briefly touch upon in the facts narrated hereinafter. Suffice to mention that by order dated 03.05.2018, Mr. Vasant Sardal was removed as executor by this Court and in his place Mr. Ketan Trivedi, an Officer of this Court was appointed as Administrator to represent the interest of testator Mr. Bipin Gupta’s estate. By order dated 16.06.2022, Mr. Ketan Trivedi was replaced by another Officer of this Court i.e. Ms. Kanchan Rane as Administrator and by subsequent order dated 22.06.2023, pursuant to superannuation/retirement of Ms. Kanchan Rane, she was replaced by Ms. Shonali K. Dighe, officer of this Court as Administrator. Hence, Plaintiff before me is the Administrator appointed by this Court to prosecute the case for seeking probate of the last Will of the deceased. By order dated 21.07.2022, this Court permitted Plaintiff to appoint Dr. Sneha Goyal, learned Advocate and Counsel practicing in this Court to espouse and plead the Plaintiff’s case. Defendants are Ms. Ashita Tham (sister of deceased), Ms. Monica Uberoi (sister of deceased) and Ms. Pooja Bedi (niece of deceased i.e. daughter of pre-deceased sister Mrs. Protima Bedi). Ms. Pooja Bedi was allowed to be impleaded as Defendant by order dated 15.02.2018. Defendants are represented by Mr. Jayakar.

2. Briefly stated dispute pertains to the Will of the deceased – Mr. Bipin Gupta who expired on 04.09.2003. The Will is executed on 20.06.2003 according to Plaintiff. It is attested by two witnesses namely Mr. Santosh Raje, Advocate and Mr. Anil Sardal, a Police Officer. There are two Executors named in the Will viz. Mr. Behram Ardeshir and Mr. Vasant Sardal (father of Mr. Anil Sardal).

3. The detailed relevant facts and timeline of dates and events which are absolute necessary for adjudication of the present Suit are as under:-

3.1. One Mr. Laxmichand Gupta, (father of deceased and Defendant Nos.1 and 2) was a monthly tenant of Flat No. 2, Firdaus Building, Marine Drive, Mumbai from which he carried on business of Norman’s Guest House. This flat was a tenanted premises. On 09.03.1969, Mr. Laxmichand Gupta expired leaving behind his wife Ms. Reba Gupta, son Mr. Bipin Gupta (deceased) and three daughters viz. Ms. Ashita Tham (Defendant No. 1), Ms. Monica Uberoi (Defendant No. 2) and Ms. Protima Bedi (pre-deceased) as his legal heirs. These legal heirs stepped into Mr. Laxmichand Gupta’s shoes and continued as tenants of Flat No. 2. Thereafter, Ms. Reba Gupta expired and left behind a Will dated 25.01.1994. On 04.04.1996, Testamentary Petition No. 60 of 1995 was filed by Mr. Henry Tham (husband of Defendant No. 1) to obtain a Probate of the Will of Ms. Reba Gupta in his capacity as Executor therein. This was opposed by deceased Mr. Bipin Gupta (her son) by filing a caveat. On 04.09.1996, Testamentary Petition No. 60 of 1995 was converted to Testamentary Suit.

3.2. On 20.06.2003, Mr. Bipin Gupta executed the Will while undergoing treatment for renal failure and hip fracture in Bombay Hospital which is the subject matter of the present suit proceedings. The two Executors named in the Will were Mr. Vasant Sardal and Mr. Behram Ardeshir whereas Will was attested by Mr. Santosh Raje and Mr. Anil Sardal as attesting witnesses. By this Will, Mr. Bipin Gupta bequeathed his entire estate to charity to the exclusion of his family members/legal heirs and indirectly to the Executors. On 04.09.2003, Mr. Bipin Gupta expired in Flat No. 2, Firdaus Building. The Executors and attesting witnesses without informing any of his family members took his body for cremation. Neighbours informed the De