1 Ch-summons-113 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Chamber Summons No.113 of 2010 IN Suit No.96 of 1998 IN Petition No.920 of 1997 Chandrashekhar V. Pavale .. .. Petitioner v/s. Smt.Chhaya Shripad Nevgi .. .. Caveator Mr.Bimal Bhabhada i/by Apte & Co. for Petitioner. Mr.A.A. Kochrekar for Deft.Nos.1 & 3. Ms.Varsha Palav for Deft.No.4. Mr.M.A. Narvekar for Deft.No.2. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 9th December, 2010 P.C. : 1.The Petition is filed for probating the Will of one Purushottam V. Gad. He had 50% share in the property which has been bequeathed. The other 50% property belonged to his wife. He has bequeathed his 50% share to his three daughters. His wife and his son filed a Caveat. One daughter also filed a Caveat. The citation was served on 27th October 1998 and the Caveats have been filed in 1998 itself. The Petition has been converted into a Testamentary Suit in 1998 itself. The 2 Ch-summons-113 essential aspect that will have to be seen in this Suit is whether the father validly executed his Will giving the property to the three sisters to the exclusion of the son and also his wife. 2.The Applicant is one of the three sisters. She never filed the Caveat. She does not oppose the grant of probate of the Will of the father. She does not challenge the validity of the Will of the father. She seeks to file a Caveat now after 12 years of the probate Petition being filed and her consent being obtained. She contends that on 29th April 2010 when she came to file a Caveat with regard to her mother s Will she met one of her sisters and she was informed that another sister who is a beneficiary had also filed a Caveat. She claims that the executor, who is the husband of one of the sisters, is colluding and hence could not be granted probate. 3.If that is so, she must make out a case for removal of the executor. If a case of collusion is made out, the executor would be removed. Then instead of granting probate of the Will Letters of Administration with Will annexed would be granted. However, upon her case and upon her admitted non-challenge to the Will, the Caveat cannot be allowed to be filed. In any event, the interest of all the parties would be protected. The 3 Ch-summons-113 executor would have to act as per the Will of the deceased and not as per his wish. He would not be able to collude since the three sisters would be equally entitled to half property which formed the father s share, if the validity of the Will is upheld. 4.Hence this Application is misconceived and is dismissed. (SMT.ROSHAN DALVI, J.)