–
1. The present Testamentary Suit is filed for probate of what the
Plaintiffs propound as being the Last Will and Testament of one Yashwantilika
Narottamdas Dalal (“the Deceased”) who passed away on 16th April 2002. The
Suit is opposed by the Defendants who have filed their respective caveats setting
out the grounds/reasons as to why the probate of the will propounded by the
Plaintiffs ought not to be granted.
2. Before adverting to the rival contentions, it is useful for context to
set out the following, viz.
i. The Deceased is stated to have owned an immovable property situated at
Mahatma Gandhi Road, Ghatkopar, Mumbai (” the said property”) which
comprises 4 floors. The Deceased had, on 1st January 1996 incorporated a
Company called Yashwantilika Hospital Pvt. Ltd. (” the Company) inter alia
for the purpose of setting up and running a hospital on the said property.
ii. As already noted above, the Deceased passed away on 16th April 2002
leaving behind the document dated 12th December 1996 as her last will
and testament (“the said Will”), which was in the Gujarati language. A
4 904-TS-20-2004.doc
translated copy of the said Will inter alia sets out that (a) the Deceased had
named six executors (b) the desire/wish of the Deceased was to construct a
hospital on the said property (c) that in the event construction of the
hospital was not completed during the lifetime of the Deceased, then the
Company was required to complete construction of the hospital and said
property was to be transferred to the company which was to run the
hospital. The said Will also provided that the Company would make a
provision that premises admeasuring 225 sq. ft. to 300 sq ft. would be
provided to the caretaker of the Deceased, one Dinesh Rathod and his
family. Clause 5 of the Will also provided for the appointment of
additional executors in the manner more particularly set out in the said
clause.
[ad_1]
Source link