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PETITIONER: MRS. SHIRINBAI MANECKSHAW & OTHERS
Vs.
RESPONDENT: NARGACEBAI J. MOTISHAW & OTHERS.
DATE OF JUDGMENT: 09/05/1956
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. DAS, S.K.
CITATION: 1956 AIR 747 1956 SCR 591
ACT: Will-Construction-Substitutional bequest, Validity of Indian Succession Act (XXXIX of 1925), ss. 67, 129, 130.
HEADNOTE: A Parsi testator by a holograph will provided, "I hereby give, devise and bequeath to my so called mother Mrs. Shirinbai, .......... her heirs, executors and administrators, for her and their own use and benefit, absolutely and for ever all my estate and effects, both real and personal, whatsoever and wheresoever and of what nature and quality soever, and I hereby appoint her the said Mrs. Shirinbai Maneckshaw Bejonji Mistry, sole executrix of this my Will................. The will was attested by two witnesses one of whom was the husband of Mrs. Shirinbai. Mrs. Shirinbai as the sole executrix obtained probate of the said will from the High -Court and took possession of the estate. A suit was brought by the heirs of the testator in the Court of the Civil Judge for a declaration that the bequest in favour of Mrs. Shirinbai was void i...