Case Note & Summary
The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who expired on the same date at 10:30 p.m. in Mumbai. The plaintiff is the maternal cousin of the deceased and one of the executors named in the Will. The deceased was an unmarried woman whose parents predeceased her. The Will was executed in Gujarati and witnessed by V.G. Trivedi, Advocate, and Dr. Mahendra C. Shah, Medical Practitioner. Both attesting witnesses filed affidavits confirming execution. The original defendant, Kusumben Amrutlal Kakkad, the married sister of the testatrix, filed a caveat disputing the genuineness of the Will, claiming that the testatrix had informed her she would bequeath 50% of her estate to her and 50% to charity. The testamentary petition was converted into a suit. The original defendant expired on 02.06.2008 and her legal heirs were impleaded. The defendants contended that the signature on the Will was not genuine and that the Will was executed under suspicious circumstances. The court framed issues regarding the due execution and attestation of the Will, the genuineness of the signature, and whether the Will was executed under suspicious circumstances. The plaintiff examined himself and one attesting witness, Dr. Mahendra C. Shah, who testified that the testatrix was in a sound disposing state of mind and signed the Will in his presence. The other attesting witness, V.G. Trivedi, had expired. The court found that the execution and attestation were proved in accordance with Section 63 of the Indian Succession Act, 1925 and Section 68 of the Evidence Act, 1872. The court held that the suspicious circumstances, such as the Will being executed on the same day as death and the testatrix being ill, were dispelled by the credible evidence of the attesting witness and the fact that the testatrix had time to reflect. The court granted probate of the Will to the plaintiff.
Headnote
A) Succession Law - Probate - Will - Execution - Attestation - Section 63 Indian Succession Act, 1925 - Section 68 Evidence Act, 1872 - The court considered whether a Will executed on the same day as the testatrix's death was valid. The court held that the execution was proved by the testimony of attesting witnesses and the suspicious circumstances were dispelled. (Paras 1-32) B) Succession Law - Suspicious Circumstances - Will - Burden of Proof - The court examined the suspicious circumstances including the timing of execution and the testatrix's health. The court held that the propounder had discharged the burden of proving the Will's genuineness. (Paras 15-25)
Issue of Consideration
Whether the Will dated 15.01.2004 executed by Savita Hiralal Bhindora was validly executed and attested, and whether the suspicious circumstances surrounding its execution were dispelled.
Final Decision
The court decreed the suit and granted probate of the Will dated 15.01.2004 of deceased Savita Hiralal Bhindora to the plaintiff, subject to payment of requisite court fees and compliance with formalities.
Law Points
- Probate
- Will
- Execution
- Attestation
- Suspicious Circumstances
- Indian Succession Act
- 1925
- Section 63
- Evidence Act
- 1872
- Section 68
