A propounder must establish a will's valid execution and satisfy the court's conscience by dispelling all suspicious circumstances, including structural inconsistencies and inordinate, unexplained delays in filing for probate, which significantly impact the document's authenticity despite the generally continuing nature of the right to apply for probate.

JUDGMENT :

N. J. JAMADAR, J.

1. This is a suit for the grant of Probate in respect of the purported Last Will and Testament of Mansukhlal Kapoorchand Sanghavi (“the Testator”).

2. In a nutshell, the background facts leading to this suit can be stated as follows :

2.1 Mansukhlal Kapoorchand Sanghavi, the testator, was an inhabitant of Mumbai and was residing at the time of his death at Block No. 3, Kalewar Building, Dady Seth Lane, Mumbai. The testator was endowed with multiple immovable and movable properties. The testator passed away on 17th January, 1982 leaving behind Mrs. Sushila Sanghavi, his widow, who also passed away on 12th February, 1988, and two sons, Madhusudan, the plaintiff, and Ashin Sanghavi, and three daughters, Mrs. Indira Vasant Shah, Dr. Maya Kiran Khandwala, and Mrs. Shobha Pankaj Nevatia.

2.2 The plaintiff asserts that the testator had left behind a purported last Will and Testament executed on 5th January, 1980. Madhusudan, the plaintiff; Mrs. Sushila, since deceased widow, and Mr. Ashin Sanghavi, were named as executors in the said Will. Since Mrs. Sushila passed away on 12th February, 1988 and Ashin is a Non-Resident Indian and has been staying in the United States of America (USA) for more than twenty years, Madhusudan professed to seek Probate of the purported last Will of the testator dated 5th January, 1980 in the capacity of one of the surviving executors.

2.3 The plaintiff avers that, in the period intervening the execution of the purported last Will and the death of the testator, the latter had transferred his tenancy rights in Block No. 3, Kalewar Building in favour of late Sushila and had also disposed of factory premises situated at 250-D, Dr. Annie Besant Road, Udyog Bhavan, Worli, Mumbai and half block on ground floor. Thus, the Probate is sought in respect of the properties and credits described in Schedule-1 appended to the petition.

2.4 Under the said purported Will, a four storey building known as “Sanghavi Chambers”, situated at 27 Ghoga Street, Fort, Bombay, was bequeathed to Sushila and Ashin, in equal proportion. The factory premises situated at 250-D, Dr. Annie Besant Road, Udyog Bhavan, Worli, and the half-block in ground floor was directed to be sold and the sale proceeds were to be divided into ten equal parts, as far as practicable, and given to ten Trusts of which the widow and named children and grandchildren were to be the beneficiaries. Lastly, the residuary estate was to be divided in four equal parts and as far as possible, each equal part was to be given to the trustees of the four Trusts namely; Sushila Shobha Benefit Trust, Sushila Maya Benefit Trust and Ashin Shobha Benefit Trust and Ashin Maya Benefit Trust. The tenancy rights in Block No. 3 of Kalewar Building were bequeathed to Sushila, the widow, exclusively.

2.5 In the petition an endevour was made to explain the delay in filing the petition for the grant of Probate by ascribing the rea