Dilipkumar Bhikhalal Vyas vs The Registrar

In the impugned order rendered below Exh. 22 and 29 in CMA No. 20 of 2013 by the learned 3rd Additional Senior Civil Judge, Porbandar on 13.03.2019 certain discrepancies in the documents and Will and codicil are pointed out and it has been held that in absence of suitable evidence, the errors cannot be rectified. While there can be no exception to the said finding, learned counsel Mr. Kakkad submitted that the petitioner would be advised to re-approach the court under the Indian Succession Act with full particulars/details and necessary evidence. He submitted that the applicant would adduce the evidence pointing out the properties owned by the testator, the properties referred to in the Will but not owned by the testator and the properties the testator intended to bequeath as also the evidence as to correct the measurement of the properties actually bequeathed by the testator.

C/SCA/8067/2019 ORDER In the opinion of this court, the petitioner is required to be given an opportunity to explain the discrepancies and prove the real intention of the testator. It is therefore directed that if the petitioner makes an application to the court under the Indian Succession Act, he shall be permitted to lead appropriate evidence on the above counts and fresh order shall be passed upon the careful consideration of the evidence. The court below will also look into the fact as to whether there is any substantial difference between the measurement of each of the properties as given in the Will and those which the petitioner may point out which according to the petitioner were intended to be bequeathed. The decision shall be taken keeping in view all the aspects including the last one mentioned by this court. The petition is disposed of.

(G.R.UDHWANI, J) MOHMMEDSHAHID/NIRU/SONGARA Page 2 of 2 Downloaded on : Sat Aug 29 03:16:37 IST 2020