P D NAVGHARE Vs. S D CHACHAD

JUDGEMENT

(1.) This petition is for grant of Probate of the last Will and Testament dated 22nd September, 1967 of one Janardhan Banduji Navghare who expired on 27th December, 1969. The wife of the deceased had predeceased him. The deceased left behind 2 sons and 4 daughters. The deceased left behind essentially 2 immovable properties; one in Matunga, Mumbai and one in Dahanu, Thane District. The property in Matunga was bequeathed to the original petitioner and the property in Dahanu was bequeathed to the other son, Surendra. All the children of the deceased essentially accepted the use and management of the aforesaid properties by the 2 sons. Surendra is stated to have sold the Dahanu property in 1984. The sale has not been challenged.

(2.) It appears that certain disputes have arisen between the petitioner and his sisters more than 3 decades after the death of the deceased father leading the original petitioner to file this petition for grant of Probate essentially in respect of the Matunga property bequeathed to him.

(3.) The original petitioner filed the petition in person. He failed to file affidavit in support of petition. He is one of the beneficiaries under the Will. He is an executor under the Will. He is not an attesting witness. Nevertheless he filed his affidavit along with petition as the affidavit of the attesting witness. That is clearly erroneous.