Hon’ble Sunil Ambwani, J.—Late Nand Kishore Bajpai filed a Testamentary Case No. 23 of 1998 for ‘Letters of Administration of the estate and credit of his father late Shri Shiv Kumar Bajpaj (the deceased) son of Bandideen Bajpai, resident of 312 Shahganj, Allahabad attached with registered ‘Will’ dated 13.2.1991. The application was directed to be advertised and is contested by caveator Smt. Munni Devi wife of Shri Ram Manohar Tripathi, one of the daughter of the deceased, resident of 560/561 Mill Road Kurla, Bombay-70, stating that the deceased died intestate and denying the execution of the alleged ‘will’ dated 13.2.1991.

2. On the contest put by the defendant, the Testamentary Case was converted to Testamentary Suit No. 14 of 1999.

3. During the pendency of the suit, Shri Nand Kishore Bajpai-the applicant died on 2.2.2006. Shri Nand Kishore Bajpai (since deceased) was substituted through his heirs :

1. Shri Ashok Bajpai (son)

2. Smt. Gayatri Devi (wife)

3. Smt. Anita Misra (daughter)

4. Smt. Meera Dixit (daughter)

5. Smt. Suman Tiwari (daughter)

4. I have heard Shri A.N. Misra, learned Counsel for plaintiffs and Shri R.N. Kesari, learned Counsel for respondents. Both the parties have filed their pleadings and led evidence both documentary and oral in the suit and made final submissions on 26.3.2007.

5. According to the plaintiff, late Shri Shiv Kumar Bajpai (the deceased) son of late Shri Bandideen, was resident of 312 Shahganj Allahabad. He died on 27.11.1997 at his home 15-64 Bajpai Niwas Bombay. He had his fixed place of abode at 312, Shahganj, Allahabad. He had left behind the applicant as his only son and two daughters Smt. Munni Devi wife of Shri Ram Manohar Tripathi, resident of 560/561 Mill Road Kurla, Mumbai-70 and Smt. Leelawati wife of Shri Vikram Dutt Shukla, resident of Old Palghar, Post Office Palghar, District Thana. During his life time, the deceased, out of his love and affection, executed a registered ‘will’ on 13.2.1991 bequeathing his entire properties to the applicant. No one else has applied before this Court or any other Court for grant of ‘Letters of Administration’ and that the applicant has truly and correctly set forth the assets of the deceased in the affidavit of valuation, valued at Rs. 12, 35, 000/- and will pay ad-valorem Court fees when letters are granted to him. The schedule initially described five properties including two houses at Allahabad; two houses at Mumbai and one ‘Tabela’ used as ‘cattle shed’ including open land. By an amendment dated 7.10.1999, the plaintiff added in the schedule the properties, namely a Flour Mill in Municipal House No. 477 Wazira Daruwalachal, New Mill Road, Kurla; a Flour Mill Municipal House No. 485-A Shumawala Chamar Bara Krishna Chauk New Mill Road Kurla; a Flour Mill Shed No. B-24 Shop No. 2 Atma Ram Takla Chal Dabholkar Alda Jiya Mata Najar Dr. Ambedkar Road Kala Chauk Mumbai 33 and a Flour Mill Ram Chandra Hiraji Makhawa Chal Pika No. 1 City Survey No. 189/2-A Dookan No. 1 Thane, Maharashtra and valued at Rs. 15,000/- each.

6. In the written statement Smt. Munni Devi, the daughter of the deceased, stated that the alleged will is absolutely false. The deceased resided at Kurla Mumbai and had maximum love and affection for her, such that even after her marriage she and her husband continued to stay with her father at Mumbai. In 1963 after the marriage of her brother Shri Nand Kishor Bajpai, she shifted to the adjacent premises, which she continued to occupy till date. Her father never mentioned of the execution of will in favour of her brother. The deceased accompanied her husband to his ancestral house at Rae Bareli to attend the marriage of their son Mr. Anurag Tripathi fixed on 7.2.1991 and returned on the day of reception of her son at Mumbai. The ‘will’ does not disclose anything about the various properties at Mumbai. It is absolutely vague in the description and that the applicant taking advantage of certain words which vaguely refer to the proporti