Summary: The Bombay High Court dismissed an objection filed by Khushroo Behramshaw Mogal, questioning the authenticity of a will concerning Hilla Homi Dady's estate. The court found the objection lacked merit, citing suspicious circumstances around a contested will.
This case is about the will of Hilla Homi Dady, who passed away in Mumbai. Hoshang Jehangir Khan and others, named as the people responsible for carrying out Dady's will dated December 18, 2015, applied to have the will officially recognized. They faced opposition from Khushroo Behramshaw Mogal, who claimed to be someone who would benefit from a different will allegedly signed by Dady on March 23, 2023.
Forgery Allegations: Hoshang Jehangir Khan, represented by Mr. Dinyar Madon, claimed that Mogal's will was fake. They argued the signature on the 2023 will did not match Dady's known signature.
Lack of Relationship: It was pointed out that Mogal was neither a relative nor a known associate of Dady. Hoshang Jehangir Khan emphasized his long-standing relationship with the deceased, which Mogal did not have.
Suspicious Timing: Mogal filed his objection nearly ten months after Dady's death, raising doubts about his intentions.
Mr. Bhavesh Parmar, representing Mogal, argued that Hoshang Jehangir Khan's will and additional notes were inconsistent and lacked proper signatures on all pages. He suggested that Hoshang Jehangir Khan had too much influence over Dady, given his roles as executor and beneficiary.
Close Relationships: Justice Milind N. Jadhav noted the strong relationship between Hoshang Jehangir Khan and Dady, which was supported by their involvement in her financial affairs.
Forgery Concerns: The court noticed significant differences between the signatures on the contested will and previous documents, suggesting forgery.
Lack of Credibility: Mogal's delayed actions and lack of a legitimate connection to Dady weakened his case. The court also mentioned Mogal's history of legal disputes, including allegations of forgery and extortion against his own family.
The court dismissed Mogal's objection, allowing the proceedings for the original will to continue. It also called for an internal investigation into how Mogal accessed court documents, suspecting possible collusion.
