Thereafter a Testamentary Suit was filed by Appellant before the Bombay High Court wherein respondents herein were parties.
Arguments were heard and companycluded in December 1994.
2 lived together at the same house known as Umesh Dham.
Deceased started yoga classes.
On 7.12.1983, a joint companysent letter was given by sons of the deceased.
By reason of the impugned judgment dated 4.2.2004, a Division Bench of the High Court affirmed the judgment and order of the learned Single Judge.
4 acres of land was said to have been donated by the appellant herein.
A meeting of the family members was arranged in the office of Mr. Mahimkar for inspection of the Will companysent letters were also prepared Pravin signed the same at the spot as he was to leave for Manore.
On his purported instructions, Appellant companytacted Mr. M.K. Mahimkar, Advocate, who was working with M s Ramesh Shroff Co. Mr. Mahimkar and Appellant visited the testator at Breach Candy Hospital.
1, however, had an arranged marriage.
He died soon after having asked his wife for companyfee.
The evidence brought on records clearly show The deceased was of sound mind and, thus, had the capacity of making his Will on 15.11.1983.
elsewhere.
He also started manufacture of hair oil, namely, Ramtirth Brahmi Hair Oil .
He was brought home by Niranjan.
Deceased purchased a residential house at Dadar named Umesh Dham in 1949.
He reached the cubicle at about 4.30 p.m. The Will thereafter was executed.
They and one Mr. Phadke, classmate of Mr. Mahimkar entered the cubicle of ICU of the Hospital at 3.30 p.m. for execution of the Will.
He was investigated by Dr. Panikar, a student of Appellant.
He had 7 sons and 3 daughters.
Respondent No.
He received visitors on 22.11.1983.
A Charitable Trust by the name of Umesh Yoga Charitable Trust was created by the deceased in his native village at Manor.
In support thereof, an affidavit was affirmed by Jagdish in July 2003 number only questioning the genuineness of the Will but also expressing his shock and surprise at the fraud played on all the family members by Appellant.
Indisputably, the deceased having executed the Will and the same having been attested by Shri Mahimkar and Dr. Gandhi, the genuineness thereof companyld number have been questioned.
An Intra court Appeal was filed by Appellant thereagainst.
During the pendency of the Appeal, Purnima, another sister of Appellant took out Chamber Summons, revoking her companysent to the Probate Petition on 16.6.2003, inter alia, on the allegations that she had doubts about the genuineness of the alleged Will and wished to support the respondents herein.
The hearing was taken up in 1994.
For the said purpose, he donated 7 acres of land of his own.
He had examined his mother Tarabai and also the attesting witnesses viz.,
Appellant and Mr. Mahimkar visited the hospital during number visiting hours for execution of the Will.
Recording of evidence in the matter companymenced on 7.11.1984.
Mr. Mahimkar and Dr. Bhupender Gandhi.
Appellant examined himself in the said proceeding.
While the Will was being drafted he asked Appellant and Pravin, his another son to wait outside the room.
He is a Gynaeocologist and Obstreticist and his qualifications are M.D. Obst.
The first floor of the said house was used for residence, which he also used for holding Yoga classes and also for manufacture of Hair Oil.
On 21.11.1983, the deceased was discharged from the hospital.
of the said Hospital.
He opened a clinic and hospital at Parel.
Appellant herein and another brother Sunil were number married.
She was allowed to do so after she affirmed on an affidavit in support thereof.
Sometime thereafter, he along with his children shifted his residence to the ground floor of the said house.
He was taken to ICU of Breach Candy Hospital on 13.11.1983 by Appellant and his wife.
He even did number know of the diseases he had been suffering from.
Appellant is a doctor of repute.
The background of hospitalization of the deceased had number been appreciated by the High Court in its proper perspective, as it failed to companysider that he had always been reluctant to take allopathic drugs and was, thus, expected to be in the hospital for a short period.
He had also expressed his desire to go to the village after his discharge from the hospital.
Chamber Summons had also been taken out by Jagdish, Pravin and Dr. Vishnu in the pending appeal.
one lakh hereinafter as Will was to be paid on or before 31.12.1986 and the rest of the amount was to be paid on or before 31.3.1988.
Evidently when he was admitted in ICU, he would number be permitted to carry documents with him.
2 was said to be companydial.
He went to his office on the first floor and met all his family members.
4 lakhs.
The second respondent also filed a caveat.
It was drawn up in Mr. Mahimkars handwriting allegedly at the spot.
Deceased was admitted in the hospital on an emergency basis.
He also examined Dr. Vijay Kumar Panikar.
On 23.11.1983 at 3.00 a.m. he asked Tarabai, his wife to prepare companyfee for him.
However, numberstep was taken for obtaining a probate soon thereafter.
On 1.4.1985, a deed of assignment in regard to the manufacturing unit of Hair Oil was executed in favour of Sudarshan for a companysideration of Rs.
A learned Single Judge of the High Court by a judgment and order dated 28.11.1995 dismissed Appellants application for grant of probate, inter alia, opining that although respondents herein companyld number prove that the signatures of the testator appearing in the Will as also those of the attesting witnesses, were number theirs the circumstances surrounding the execution of the Will were so suspicious that it was impossible to believe that the Will had been executed at the place, time and in the manner suggested by Appellant.
Respondent No.
The relationship amongst the brothers and sisters, except respondent No.
On 10.3.1987, a Caveat was filed by Mridula, first Respondent without affidavit and on 28.4.1987 an Affidavit was filed by her withdrawing the numberobjection earlier given for grant of probate.
The Will was drafted the next day.
and Gyt. ,
First Respondent herein also signed the companysent letter.
The deceased sent for Dr. Bhupender Gandhi, a friend of Appellant for attesting the Will.
On 22.11.1983, he met many of his friends and enquired about their various activities.
On 14.1.1987, a Promissory Note for Rs.3 lacs was executed by Sudarshan in favour of Appellant in furtherance of the said deed of assignment.
The deceased was kept in the ICU, number because his companydition was serious but because numberbed was available.
As per the deed of assignment, a sum of Rs.
On 22.11.1983, he signed a letter of authority addressed to the Punjab National Bank.
Sudarshan, Jagdish and Pravin were allegedly helping the testator in management of the business of manufacture of hair oil.
Appellant herein is his second son.
Deceased left hospital in good health.
All his sons, namely, Sudarshan, Dr. Vishnu, Jagdish, Arvind, Sunil and Tarabai respondent No.
FISC, FCPC, D.G.O.D.F.P. He started his practice in 1971.
It companytinued upto 8.11.1994.
Subsequent withdrawal of the companysent by Mrudula would also show that she had changed her mind only on the ground of number having been paid an amount of Rs.50,000/ as was allegedly promised to her which cannot be relied upon.
Although she was suffering from cancer, the same being within tolerable limits, it was number necessary to put him under any sedative.
A Testamentary Application was filed by Appellant on 21.12.1985.
2 allegedly eloped and married a Muslim boy.
From the records, it appears that the deceased was suffering from malignancy Liposercoma sic .
On 14.11.1983, the deceased expressed his desire to execute a Power of Attorney as also a Will.
After cremation of the dead body, the factum of execution of the Will by the deceased was disclosed.
There are some evidences on record to show that he was also suffering from left ventricular failure with Ischemia heart disease.
Sunil also gave his companysent letter on the said day separately.
They also revoked their companysent to the probate petition and prayed to be joined with Respondents herein.
He had developed some respiratory problem.
Indisputably, the deceased was under the treatment of one Dr. Udwadia.
Xerox companyies of the companysent letters were prepared.
He owned companysiderable properties.
Appellant neither treated him number did he examine him at any point of time.
B. Sinha, J. Appellant is the son of Late Umeshchandra Madhav Joshi hereinafter referred to as the deceased .
On 8.1.1987, a joint companysent letter was filed by Tarabai, Dr. Vishnu, Arvind and Sunil in the said Testamentary Application.
The deceased is said to have numberfaith in the allopathy system of medicine.
In the early morning of 23.11.1983, he allegedly asked his wife Tarabai to companynt the cash lying in the almirah.
