Shaik Daud Ismail JCA:

This is an appeal from the decision of the Johor Bahru High Court which had on 29 July 1995, allowed an originating motion filed by the respondents herein. The respondents in their originating motion dated 17 September 1994, had applied under s. 34 of the Probate and Administration Act 1959 (hereinafter referred to as the 'Act') to revoke the probate granted to the first and second appellants as the executrix and the executor of the estate of the late Kontilal Prabhulal Doshi, known as K.P. Doshi (hereinafter referred to as the 'deceased'). They also applied for the appointment of the Official Administrator, in place of the first and second appellants, as the administrator with the will annexed of the estate.

The deceased died on 1 July 1991. Investigations into his death revealed that he had been murdered and his eldest son, the first respondent, was charged with the murder. The charge was later reduced to one of voluntarily causing grievous hurt, which charge, surprisingly, is still pending in the lower court to this date.

By his will dated 30 April 1991, the deceased left all his real and personal properties to the following:

1. His lawful wife