defendants from entering
into any transaction in furtherance of the aforesaid Will and
Codicil.
2
6. The plaint categorically states that the plaintiff-Shri Hitesh ... daughters of the deceased Pramod Kesurdas
Sanghavi in connection with his Will and Codicil and for the
purposes of seeking the reliefs claimed
appearing for petitioner would contend that
issue of veracity of additional Will/Codicil dated 4th May 2021 is
already sub judice before civil court. There ... codicil. d) That
most interestingly, the said codicil has been attested by the
said notary who has attested execution & contents of the
codicil, meaning
about the existence of the alleged Will since 1970,
would only reinforce the suspicion over the Will and Codicil. Therefore, the
argument of the learned ... witness to prove the Will. Thus, we are of the firm view that
the Will dated 20.01.1961 and the Codicil dated 01.05.1961 are not genuine
Will, cannot be excluded from the
proceedings that affect his right. Admittedly, the appellant
claims to be a legatee under the Will and the Codicil ... Neither the Will has been produced before this Court for
the Court to examine and hence his right under the Will or
Codicil
that the Will was not natural and it suffered from various suspicious
circumstances. The intrinsic evidence of the alleged Will rendered the Will
unnatural ... Will by initialing each
page and putting her full signature on the execution clause of page 4 of the
Will.
31. As regards the Codicil
They will own the Second Floor jointly and the
entire cost of construction will be met by them equally and jointly. As they
will ... same
was constructed by him in conformity with the Will/codicil/fam-
ily agreement. Ld. Counsel further argued that Plaintiff Defend
said Will, Late Sh. S.P. Khanna did not name
any person as Executor of either the Will dated 20.04.1999 or
Will/ Codicil dated ... Will in the Court
in Judicial File. They deposed that they are the attesting witness
in the said Will. They deposed that the Will/ Codicil
wills are of the class specified in clauses (a) and (b) of Section 57 and to all wills of Muhammadans.
The necessity of making wills ... case of wills coming under Section 57(c) of the Act. Section 57(c) of the Act applies to all wills and codicils made
prayers made therein are
primarily for seeking declaration of the aforesaid Will and Codicil
to be null and void as also all actions in pursuance ... averments in plaint, had acquired
knowledge of the aforesaid Will and Codicil through defendant
Nos. 1, 2 and 3 (sisters), only in the first week
alternative to
read the copies of the said Will and Codicil which were already
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::: Uploaded on - 07/02/2025 ::: Downloaded ... Will or the testamentary or disposing capacity
of late Shankar. In paragraph 9, it is contended that though the
Will and Codicil have been registered
