ADMIT.
Shri Vipin Raval, party-in-person waives service of notice of admission on behalf of respondent no. 1, Shri Shah, learned advocate waives service of notice of admission on behalf of respondent no. 2, Shri Bharat Dave, learned advocate waives service of notice of admission on behalf of respondents nos. 3/1. 3/2 and 3/3 and Ms Khyati Hathi, learned advocate waives service of notice of admission on behalf of respondent no. 4.
The following substantial questions of law arise for determination of this Court in the present Second Appeal;
(i) Whether the learned Judge committed a substantial error of law in interpreting the relevant provisions and in applying relevant considerations as provided by relevant considerations as provided by Sections 59 and 63 of the Indian Succession Act while discarding the will which was a "holograph"
will and in assuming that the said will did not satisfy the requirements of a valid will and was surrounded by suspicious circumstances in its execution?
(ii) Whether the learned Judge committed a substantial error of law in not appreciating and giving true meaning to the words "sound disposing state of mind" contained in Section 59 of the Indian Succession Act when admittedly the will itself indicated and satisfied the necessary criteria of the testator's mind and which was otherwise made in compliance of Section 63 of the Act?
(iii) Whether the learned Judge committed a substantial error of law in appreciating the scope of its jurisdiction and in fact its exceeded jurisdiction vested in him as Probate Court by considering irrelevant and extraneous factors even though the genuineness of the holograph will was proved by the propounder - the appellant?
(iv) Whether explanation 4 to 59 can be made applicable with respect to the case in which the executor has executed the will in anger and will the same fall in the category of illness or any other cause that he does not know what he is doing and in such a case whether it is further required to be proved that the executor who executed such a will in hot temper was not of such a mind that he was not knowing what he is doing?
(M.R.
SHAH, J.) siji Top