Heard the party-in-person Shri Vinayakrao Shantilal Desai for sometime.
It is submitted by him that the Testator Prof. Manjulal Ranchhodlal Majmudar executed a Will in respect of his properties on 19.09.1982 without appointing an Executor. The Testator died on 11.11.1984. The Testator had two sons and one daughter. The elder son predeceased him and the younger son died after the death of the Testator. The daughter of the testator, Shraddhaben, is stated to be suffering from mental illness and is, at present, in the Hospital for Mental Health, Karelibaugh, Vadodara, as an indoor patient. It is submitted that Shraddhaben has been lodged in the said Hospital for over 17 years.
The petitioner has filed the petition as next friend of Shraddhaben.
However, the necessary documents regarding the mental condition of Shraddhaben have not been placed on record. The Court is, therefore, at a loss to know whether she is capable of understanding and attending to her day to day affairs or not, and what exactly is the nature of her illness.
The party-in-person may place on record the requisite medical certificates regarding the mental capacity of Shraddhaben. The relevant documents regarding appointment of a guardian for Shraddhaben, if any, by any Court, also be placed on record.
List on 13.7.2012.
(Smt. Abhilasha Kumari, J.) PIYUSH