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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S. DOCTOR, J
Yashwantilika Narottamdas Dalal – Appellant
Versus
Jaisukh Nagardas Bhuta – Respondent
| Table of Content |
|---|
| 1. testamentary suit filed for probate (Para 1) |
| 2. details of the deceased's property and will (Para 2) |
| 3. consent order regarding assets (Para 3 , 4 , 5 , 6 , 7) |
| 4. plaintiffs' submission on the will's validity (Para 8) |
| 5. evidence of attesting witnesses (Para 9 , 10) |
| 6. suspicious circumstances addressed (Para 11) |
| 7. defendants' failure to lead evidence (Para 12 , 13 , 14 , 15 , 16) |
| 8. court's reasoning on the will's validity (Para 17) |
| 9. probate granted to plaintiffs (Para 18) |
JUDGMENT:-
1. The present Testamentary Suit is filed for probate of what the Plaintiffs propound as being the Last Will and Testament of one Yashwantilika Narottamdas Dalal (“the Deceased”) who passed away on 16th April 2002. The Suit is opposed by the Defendants who have filed their respective caveats setting out the grounds/reasons as to why the probate of the will propounded by the Plaintiffs ought not to be granted.
2. Before adverting to the rival contentions, it is useful for context to set out the following, viz.
i. The Deceased is stated to have owned an immovable property situated at Mahatma Gandhi Road, Ghatkopar, Mumbai (“the said property”) which comprises 4 floors. The Deceased had, on 1st
The court affirmed the validity of the Will dated 12th December 1996, emphasizing the burden of proof on the Defendants to substantiate claims of forgery, which they failed to do.
The court affirmed that the plaintiff sufficiently proved the valid execution of the Will, while the defendant failed to establish claims of forgery or suspicious circumstances surrounding it.
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
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