Case Note & Summary
This matter involves a testamentary suit where the appellant, Myra Philomena Collaco, sought Letters of Administration with the Will dated 7 July 1982 of her deceased mother, Maria Francisca Coelho. The deceased mother and her late husband, Sonny Rita Coelho, had six children, including the appellant and her five brothers. By his Will dated 22 August 1971, the father bequeathed a life interest in the suit property to his wife and directed that after her death, the property would devolve upon two sons, Victor and Neville, subject to payment of monetary legacies to other children. The father died on 26 January 1976, and his Will was probated by the High Court on 24 April 1980. On 7 July 1982, the mother executed her own Will, bequeathing all her movable and immovable property to the appellant and her two brothers, George and Reginald, thereby excluding Victor and Neville. After the mother's death on 24 November 1985, the appellant filed Testamentary Petition No. 209 of 1987 seeking Letters of Administration. The widow and children of Victor (since deceased) entered a caveat, converting the petition into Testamentary Suit No. 33 of 1999. The learned Single Judge of the Bombay High Court by judgment dated 7 March 2003 found that the Will was formally proved and that the deceased had testamentary capacity, and rejected allegations of coercion and undue influence. However, the Single Judge identified three suspicious circumstances: the Will did not mention the specific property, the appellant had taken a prominent part in its execution, and the Will provided no explanation for excluding Victor and Neville. Concluding that these circumstances were not satisfactorily explained, the Single Judge dismissed the suit. The appellant’s appeal to the Division Bench was initially allowed by order dated 22 January 2009, setting aside the Single Judge’s judgment. The respondents then appealed to the Supreme Court (Civil Appeal No. 7198 of 2009), which by order dated 2 January 2025 set aside the Division Bench’s order and remanded the matter. The present proceedings are the rehearing of Appeal No. 574 of 2003 by a Division Bench, which reserved judgment on 27 November 2025 and pronounced it on 30 December 2025. No arguments, analysis, or final decision of the Division Bench are included in the provided text.
Issue of Consideration
Case Details
2025 LawText (BOM) (12) 56
Appeal No. 574 of 2003 in Testamentary Suit No. 33 of 1999
M.S. Sonak, Advait M. Sethna
Mr. Karl Tamboly, Mr. Bhavin Shah, Ms. Alisha Lambay for Appellant; Mr. Nigel Quraishy, Mr. Dushyant Krishnan, Snehil Rai, Ms. Shruti Dubey for Respondent Nos. 1 and 2
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against refusal of grant of Letters of Administration with the Will of the deceased mother.
Remedy Sought
Appellant sought Letters of Administration with the Will dated 7 July 1982 of her mother Maria Francisca Coelho.
Filing Reason
The Single Judge dismissed the Testamentary Suit despite finding formal proof, due to suspicious circumstances, thus the appellant appealed.
Previous Decisions
Single Judge (7 March 2003) dismissed suit; Division Bench (22 January 2009) allowed appeal; Supreme Court (2 January 2025) set aside Division Bench judgment and remanded appeal for fresh consideration.
Issues
Does the plaintiff prove the due execution and attestation of the will dated 7.7.1982 of the deceased Mrs. Maria Francesca Coelho?
Does the plaintiff prove that the said deceased was of sound and disposing state of mind and had testamentary capacity at the time of execution of the Will dated 7.7.1982?
Whether the defendants prove that the deceased was not in a disposing state of mind and did not have testamentary capacity at the time of execution of the Will?
Do the defendants prove that the signature of the deceased on the Will dated 7.7.1982 was forged?
Do the defendants prove that the Will dated 7.7.1982 was executed by the deceased under undue influence, coercion and threats and fraud was played on the deceased by the Plaintiff?
Whether the plaintiff is entitled to the letters of administration as prayed?
Judgment Excerpts
We are confronted with yet another family saga where the slugfest between the parties, circumference around two Wills of the deceased parents of the Appellant.
the Will is cryptic and it does not mention the property of the deceased; the Plaintiff took prominent part in the execution of the Will; the Will does not contain any explanation as to why the other two sons of the deceased Maria i.e. Victor and Neville were excluded from the said Will.
Procedural History
Father Sonny Rita Coelho executed Will dated 22 August 1971, creating life interest in favour of his wife Maria and bequeathing property to sons Victor and Neville after her death. Father died on 26 January 1976, his Will probated on 24 April 1980. Mother Maria Francisca Coelho executed Will dated 7 July 1982, bequeathing all her property to appellant and sons George and Reginald, excluding Victor and Neville. Mother died on 24 November 1985. Appellant filed Suit No. 3245 of 1985 for administration of mother's estate; Victor filed written statement on 11 April 1986. Appellant filed Testamentary Petition No. 209 of 1987 on 1 April 1987. Caveat filed by Lilian Coelho on 15 April 1999, converting petition into Testamentary Suit No. 33 of 1999. Single Judge passed judgment dated 7 March 2003 dismissing suit despite formal proof on account of suspicious circumstances. Appellant's Appeal No. 574 of 2003 allowed by Division Bench on 22 January 2009. Respondent's Civil Appeal No. 7198 of 2009 to Supreme Court resulted in order dated 2 January 2025 setting aside Division Bench judgment and remanding appeal for fresh consideration. Present hearing by Division Bench, judgment reserved on 27 November 2025 and pronounced on 30 December 2025.
