Disposed

Mr.Haresh Karnani v. Mr.Prakash Shyam Masand and Ors.

Bombay HC30 Jan 2015CST/47/2013

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay framed Issue No. 3A to determine if the testator suffered from Alzheimer's disease since 2008, which allegedly negated testamentary capacity for a disposition in November 2009, admitting rebuttal evidence.

What did the court decide?

Frame of Issue No. 3A regarding the testator's alleged suffering from Alzheimer's disease since 2008 and permission to lead rebuttal evidence.

Mr.Haresh Karnani Vs Mr.Prakash Shyam Masand and… — Succession and Inheritance | Bombay HC (2015)

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910-CST-47-23.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 47 OF 2013

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IN

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TESTAMENTARY SUIT NO. 9 OF 2011

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IN

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TESTAMENTARY PETITION NO. 947 OF 2010

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Haresh Karnani…Applicant
In the matter between
Haresh Karnani…Plaintiff
Versus
Prakash Shyam Masand & Anr.…Defendants

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Mr. Snehal Shah, a/w Mrs. Ferzana Behramkamdin, Shivani
Khanna, i/b M/s. FZB & Associates, for the Plaintiff.
Mrs. N. H. Ganatra, i/b Mr. Haresh G. Ganatra, for the Defendant.

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CORAM: G.S. PATEL, J DATED: 30th January 2015

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PC:-

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1.Not on board. Mentioned. By consent taken on record and
called out for hearing and final disposal.

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910-CST-47-23.DOC

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2.Although I do not believe that such a Chamber Summons
was actually even necessary, I see no difficulty in disposing it on
peremptorily. Mr. Shah, learned Advocate for the Plaintiff, states
that in view of the averments made in paragraphs 6 and 14 of the
affidavit dated 14th January 2011 in support of the Caveat, an issue
specifically arises as to whether the deceased was suffering from
Alzheimer’s disease and, if so, since when. In these paragraphs the
Defendants have specifically stated that the Testator was suffering
from Alzheimer’s since 2008. It is for this reason that, according to
them, he could not have made a testamentary disposition in
November 2009. In view thereof, the following issue is framed as
Issue No. 3A:-

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“3A.Whether the Defendants prove that the Testator
was suffering from Alzheimer’s disease and, if so,
whether he was suffering from Alzheimer’s disease since
2008 alleged in paragraphs 6 and 14 of the affidavit in
support of the Caveat?”

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3.Of course, the Plaintiff will be at liberty to lead rebuttal
evidence on Issue No. 3A as framed above.

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4. With these directions, this Chamber Summons is disposed of. Additional directions that are necessary are separately recorded in the Suit.

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(G. S. PATEL, J.)

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Mr.Haresh Karnani v. Mr.Prakash Shyam Masand and Ors.

Case brief

What is this about?

What did the court decide?

Mr.Haresh Karnani v. Mr.Prakash Shyam Masand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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