The Bombay High Court in a testamentary suit framed eight issues regarding the execution, validity, and authenticity of a Will dated 24th December 2010, directing the plaintiff to file evidence.
The suit was taken up for framing of issues, which were framed and appended to the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
931-TS86-14.DOC
Agk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 86 OF 2014
IN
TESTAMENTARY PETITION NO. 130 OF 2014
Satyavan Mahadev Mestri…Plaintiff
Versus
Neema N. Raut & Anr.…Defendants
Mr. Bhupendra Singh, for the Plaintiff.
Mr. N.R. Prajapati, for the Defendants.
CORAM: G.S. PATEL, J DATED: 20th January 2015
PC:-
1.By consent, the Suit is taken up and called out for framing
issues. The issues are framed and these are appended to this order.
2.The Plaintiff shall, on or before 9th February 2015, file (i) the
evidence affidavit of the Plaintiff; (iii) an affidavit of documents;
and (iv) a compilation of documents duly indexed and paginated.
Copies of each of these will be served on the advocates for the
Defendants on or before that date.
1 of 4
931-TS86-14.DOC
3.Learned Advocate for the Plaintiff states that the two
attesting witnesses both of whom are alive have declined to file
evidence affidavits. Issue a witness summons to Mr. Sunil
Prabhakar Parab, residing at Building No. 16, Room No. 643, Jai
Bhavani Cooperative Society Limited, D.N. Nagar, Jaiprakash
Road, Andheri (West), Mumbai – 400 053, returnable on 25th
February 2015 at 3.00 p.m.
4.On that date, after the marking of the Plaintiff’s documents,
the examination in chief of the attesting witness will be taken in
Court, followed by their cross-examination.
(G. S. PATEL, J.)
2 of 4
931-TS86-14.DOC
ISSUES FRAMED ON 20TH JANUARY 2015
IN
TESTAMENTARY SUIT NO. 86 OF 2014
IN
TESTAMENTARY PETITION NO. 130 OF 2014
1. Whether the Plaintiff proves that the last Will and testament dated 24th December 2010 of late Mahadev Raghunath Mestri was duly and validly executed in accordance with law?
2. Whether the Plaintiff proves that the Testator was of sound and disposing state of mind, memory and understanding at the time when he allegedly made his Will dated 24th December 2010?
3. Whether the Defendants prove that the Will propounded by the Plaintiff is false and fabricated?
4. Whether the Defendants prove that the deceased did not know English?
5. Whether the Defendants prove that the registration of the Will is suspicious, illegal and improper?
3 of 4
931-TS86-14.DOC
6. Whether the Defendants prove that the Will was obtained by the Plaintiff by fraud and undue influence?
7. Whether the Defendants prove that the Will in question is unnatural Will as alleged in paragraph 8 of the affidavit in support of the two Caveats?
8. What order and what reliefs?
(G. S. PATEL, J.)
4 of 4
3 issues framed by the court
Whether the Plaintiff proves that the last Will and testament dated 24th December 2010 was duly and validly executed in accordance with law?
Whether the Plaintiff proves that the Testator was of sound and disposing state of mind, memory and understanding at the time he made his Will?
Whether the Defendants prove that the Will was false, fabricated, unnatural, or obtained by fraud and undue influence?
Satyavan Mahadev Mestri
Neema N. Raut & Anr.
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court