A propounder of a Will must dispel any suspicious circumstances regarding its execution; failure to do so results in denial of probate or Letters of Administration.

JUDGMENT :

Advait M. Sethna, J.

Prologue :-

1. We are confronted with yet another family saga where the slugfest between the parties, circumference around two Wills of the deceased parents of the Appellant. It is in such context that the contesting parties seek to assert their rival claims and legal rights over the suit property.

2. The curtains open with the Appellant’s deceased father’s Will creating life interest in the suit property in favour of his wife i.e. late mother of the Appellant along with their sons Victor and Neville. However, the Appellant’s mother bequeaths the suit property being the subject matter of the probated Will of her late husband (Appellant’s father) to the Appellant and her sons George and Reginald.

3. The Appellant in the present proceedings, desir to have Letters of Administration issued with the Will of her deceased mother which was assailed by the Respondents before the learned Single Judge of this Court. The impugned judgment and order holds that though the Will is formally proved, there are suspicious circumstances shrouding the said Will which ought to be considered to the satisfaction of the Court. Accordingly, the learned Single Judge refused to grant the Letters of Administration along with the Will of the deceased mother of the Appellant as prayed for by the Appellant. The Division Bench of this Court, on Appeal against the impugned judgment set aside the order of the learned Single Judge by an order dated 22 January 2009. Thereafter, pursuant to the directions of the Supreme Court by its order dated 2 January 2025, the proceedings were remanded to this Court. This is how the parties are before us in the present Appeal assailing the Judgment of a Single Judge of this Court dated 7 March 2003 passed in Testamentary Suit No. 33 of 1999 in Testamentary Petition No. 209 of 1987. (“Impugned Judgment” for short).

Factual Matrix :-

4. The Appellant (Plaintiff) had filed Testamentary Petition No.209 of 1987 for grant of Letters of Administration with the Will dated 7 July 1982 of her late mother Mrs. Maria Francisca Coelho (“deceased Maria” for short), who passed away on 24 November 1985. The subject matter for adjudication in these proceedings relates to the legality and correctness of the Appellant’s claim in regard to the issuance of Letters of Administration, pursuant to the Will of the deceased Maria.

5. The deceased Maria (mother of the Appellant) got married to Mr. Sonny Rita Coelho (‘Sonny’ for short) in the year 1931-32.

6. The late parents of the Appellant i.e. the deceased Maria and her husband Sonny had six children. The details of whom are as under:-

1. George Coelho, who was born on 17 March 1933 (now deceased). 2. Reginald Coelho, who was born on 14 November 1935 (now deceased).

3. Victor Coelho, who was born on 29 March 1938 (now deceased).

4. Neville Coelho, who was born on 19 March 1940 (now deceased).

5. Myra Philomena Collaco, the Appellant, who was born on 12 April 1946.

6. Anthony Coelho (deceased).

7. It is on 22 August 1971 that Sonny i.e. the father of the Appellant left behind his Will and last Testament. Under the said Will he appointed his wife Maria (mother of the Appellant) and their two sons Victor and Neville as executors and trustees. He desired that income from the said property after paying tax and other expenses shall be enjoyed by his wife Maria (mother of the Appellant) for her lifetime. As per the said Will, the house and plot would devolve on his two sons Victor and Neville who would be tenants in common. Victor would take the ground floor of the said house