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

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 Petition was converted into the captioned Suit in which this Court had, vide an Order dated 14th October 2016, framed the following Issues for determination viz. “1. Whether the Plaintiffs prove that the writing dated 18th November, 2000 was duly and validly executed and attested in accordance with law as the last Will and testament of the deceased, Sunderdas Mulchand Harpalani? 2. Whether the Plaintiff prove that at the time of the said alleged Will, the deceased was of sound mind and disposing state of mind, memory and understanding ? 3. Whether the Defendants prove that the alleged Will is bogus and fabricated? 4