Case Note & Summary
The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trivedi, who died on 18th October 1982. Chhotalal was a widower with no children. The Will, dated 6th July 1982, was in Gujarati and appointed Chhotalal's brother Umiyashankar and his son Vibhushit as executors. The Will bequeathed Chhotalal's one-third share in an immovable property called 'Karunasagar' to Vibhushit. The original defendant, Jasvantrai Trivedi (Chhotalal's other brother), entered a caveat and opposed the grant of probate, alleging that the Will was not duly executed and was surrounded by suspicious circumstances. Jasvantrai died during the pendency of the suit, and his heirs were brought on record. The court framed issues regarding the due execution and attestation of the Will. The plaintiff examined a handwriting expert, Mr. S.K. Diwan, who compared the signatures on the Will with admitted signatures and opined that they were by the same person. The plaintiff also examined one of the attesting witnesses, Dr. H.R. Kamdar, who testified to the execution and attestation. The other attesting witness, Vrajlal Thakkar, had died before cross-examination. The court considered the suspicious circumstances, including that the Will was in Gujarati but signed in English, and that the testator was ailing. The court held that the propounder had satisfactorily explained these circumstances and that the execution and attestation were proved. The court granted probate of the Will to the plaintiff.
Headnote
A) Succession Law - Probate of Will - Execution and Attestation - Section 63 Indian Succession Act, 1925, Section 68 Indian Evidence Act, 1872 - The court considered whether the Will was duly executed and attested. The propounder examined a handwriting expert and one attesting witness. The court held that the execution and attestation were proved, and the suspicious circumstances were adequately explained. (Paras 1-24) B) Succession Law - Suspicious Circumstances - Propounder's Duty - The court noted that the propounder must dispel suspicious circumstances. In this case, the Will was in Gujarati but signed in English, and the testator was ailing. The court found that the propounder had satisfactorily explained these circumstances through evidence. (Paras 10-18) C) Evidence Law - Handwriting Expert - Section 45 Indian Evidence Act, 1872 - The court relied on the testimony of a handwriting expert to compare the signatures on the Will with admitted signatures. The expert opined that the signatures were by the same person. The court accepted this opinion. (Paras 12-14)
Issue of Consideration
Whether the Will dated 6th July 1982 of Chhotalal Karunashankar Trivedi was duly executed and attested as required by law, and whether the propounder has dispelled the suspicious circumstances surrounding its execution.
Final Decision
The court decreed the suit and granted probate of the Will dated 6th July 1982 to the plaintiff, Vibhushit Umiyashankar Trivedi, as the sole surviving executor.
Law Points
- Probate
- Will
- Execution
- Attestation
- Suspicious Circumstances
- Handwriting Expert
- Section 63 Indian Succession Act
- 1925
- Section 68 Indian Evidence Act
- 1872
