ZITA FARIAS Vs. PATRICK E P MASCARENHAS

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff. She had filed the suit for partition and allotment and delivery of 1/11th share in the plaint 'a' schedule properties which admittedly belonged to her father.

(2.) PLAINTIFF and defendants are children of late boniface cashmir leopard mascarenas, who died on 4-10-1974 leaving behind him his wife, six sons (defendants 1 to 6) and five daughters viz. , plaintiff and defendants 7 to 10. The father left behind him a will dated 1-12-1972 (ex. P. 1) which was duly probated in respect of which a probate was granted by the court on 1-7-1985 after issuance of notice to all contesting parties. The probate has been placed on record as ex. P. 2.

(3.) AFTER grant of probate the present suit was brought by the plaintiff seeking partition of the immoveable properties on the ground that the terms of the will were uncertain inasmuch as the father had not specified the share of the daughters in plaint 'a' schedule properties.