JUDGMENT:

1. This Miscellaneous Petition is for revocation of Probate dated 10th July 2009 in respect of the purported last Will and Testament dated 6th February 2008 of late Rosalind Samson (“the deceased”) gratned in favour of Ramesh Baldev Gwalani, Respondent No.1, the Executor, in Testamentary Petition No. 917 of 2008, under Section 263 of the Indian Succession Act, 1925 (“the Succession Act”).

2. Shorn of superfluities, the background facts can be stated as under:

2.1 Late Rosalind Samson passed away on 22nd February 2008. At the time of her death the deceased had a fixed place of abode at Flat No. 6, 2nd Floor, Bueno Vista, Windy Hall Lane, Near Colaba Post Office, Colaba, Mumbai – 400 005 (“the subject flat”). Respondent No.1 claimed that the deceased has left behind her last Will and Testament dated 6th February 2008. Respondent No.1 was named the sole Executor in the said Will. Under the said Will, the deceased had bequeathed her immovable and movable properties including the subject flat to Vimla Rama Rao, the deceased-Respondent No.2, her caretaker, and Rahim the son of Jawat Mohammed, Respondent No.3, whom the deceased considered her foster-son.

2.2 Respondent No.1 thus