Suresh Sunderdas Harpalani and Anr. vs Dayal Sunderdas Harpalani and ors.

Judgment text excerpt

Digitally signed by 1/40 Ts-91-09.doc MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date: 2025.07.30 20:25:34 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 91 OF 2009 IN TESTAMENTARY PETITION NO. 1028 OF 2008 Suresh Sunderdas Harpalani & Anr. ….Plaintiffs V/s Dayal Sundersad Harpalani and Ors. ….Defendants --------- Mr. Vishal Kanade a/w Rajesh Singh, Monil Punjabi, Ranjan Mishra, Rahul Singh & Pallavi Singh i/by Rajesh Singh and Associates for the Plaintiffs. Mr. V. N. Tendulkar for the Defendants. --------- CORAM: ARIF S. DOCTOR, J. RESERVED ON : 9th May, 2025 PRONOUNCED ON: 29th July, 2025 JUDGEMENT: 1 The captioned Testamentary Petition was filed seeking probate of a Will dated 6th February 2008 (“the said Will”) stated to be the last Will and Testament of one Sunderdas Mulchand Harpalani (“the Testator”). 2 The Testator passed away on 6th February, 2008, leaving behind two daughters, namely Nanki Varandani and Laxmi Rawtani, and four sons, namely Dayal Sunderdas Harpalani, i.e., Defendant No. 1; Mohan Sunderdas Harpalani, i.e., Defendant No. 2; Gul Sunderdas Harpalani, i.e., Defendant No. 3; and Suresh Sunderdas Harpalani, i.e., Plaintiff No. 1. The said Will named Suresh Harpalani and his wife, i.e Lajwanti S. Harpalani, as the executors, Meera Jadhav 2/40 Ts-91-09.doc and Suresh Harpalani is the major beneficiary of the estate of the Testator. 3 The Plaintiffs initially filed the captioned Testamentary Petition seeking probate of the said Will, which was consented to by both the daughters of the Testator. The Testamentary Petition was, however, opposed by the Defendants, each of whom filed their respective Caveats and Affidavits in Support thereof. 4 In view of the Caveats that were filed, the Testamentary