Defendants who accepted jewelry and cash legacies under will cannot challenge its validity for undue influence

The Bombay HC held that defendants who accepted specific legacies under a will (jewellery and Rs.2 lakhs bequest to their son) cannot simultaneously challenge the will's validity based on undue influence. Applying the principle of approbation and reprobation, the court ruled that accepting benefits under an instrument requires accepting it entirely - one cannot accept benefits while repudiating other provisions. The defendants' acceptance of legacies constituted an election under Sections 187-188, waiving their right to challenge the will's execution. The petitioner's suit for probate succeeded and was decreed.

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Issues Involved:
1. Whether the Petitioner has proved that the will dated 21st August 1997 was legally and validly executedRs.
2. Whether Defendants Nos. 1 and 2 have caveatable interests in the estate of the deceasedRs.
3. Whether the Defendants Nos. 1 and 2 are entitled to oppose the grant of probate in view of their having received and accepted the bequest under the will dated 21st August 1997Rs.
4. Whether the Defendants prove that the Will was executed by exercising undue influenceRs.
5. What order and reliefRs.

Detailed Analysis:

Issue No. 1: Valid Execution of the Will
The court found that the will dated 21st August 1997 was legally and validly executed. The Petitioner, Mirzban, provided evidence including his own testimony and that of an attesting witness, Khushroo M. Amroliwalla. The will was introduced to a third party, S. P. Mustafa, which further corroborated its authenticity. The court concluded that the will stood proven.

Issue No. 2: Caveatable Interests
The court determined that this issue does not arise. This conclusion was based on the finding on Issue No. 3, as well as the fact that the Defendants had already received an order for impleadment and service of citation.

Issue No. 3: Entitlement to Oppose Grant of Probate
The court held that the Defendants are not entitled to oppose the grant of probate. The Defendants had accepted benefits under the will, including jewellery and a sum of Rs. 2 lakhs. The court referred to the principle of approbation and reprobation, which states that a person who accepts a benefit under an instrument must accept it in its entirety. The Defendants' acceptance of the legacies under the will constituted an election to take under the will, thereby renouncing any rights inconsistent with it.

Issue No. 4: Undue Influence
The court found that the Defendants did not prove that the will was executed by exercising undue influence. The Defendants' acceptance of legacies under the will negated their challenge. The court cited the lack of effective cross-examination on this point and the express acceptance of the will by the Defendants.

Issue No. 5: Order and Relief
The suit was decreed in favor of the Petitioner. The court ordered the issuance of probate forthwith and dispensed with the drawn-up decree. No costs were awarded, and certified copies were expedited. Original documents were to be returned to the parties upon substitution with authenticated photocopies.

Conclusion:
The court concluded that the will dated 21st August 1997 was legally and validly executed. The Defendants, having accepted benefits under the will, were not entitled to oppose the grant of probate. The challenge of undue influence was dismissed, and the suit was decreed in favor of the Petitioner, with probate to be issued immediately.

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