BANDOPANT SITARAM BAPAT Vs. SHANKAR SITARAM BAPAT

JUDGEMENT

(1.) THE fact of this Letters Patent Appeal is dependent on the answer to the question whether under the Will dated 2-12-1944 executed by Sitaram Sadashiv Bapat in respect of the immovable properties owned and held by him, his wife Bhagirathibai became the absolute owner or only got limited interest.

(2.) THE testator Sitaram Sadashiv Bapat who died on 24-12-1944 during his lifetime executed Will on 2-12-1944. As the principal question involved is in respect of the construction of said clauses of Will, we deem it proper to reproduce the English translation of the relevant clauses of the said Will but before we do that we may note that the original Will executed by Sitaram Sadashiv Bapat is in Modi script. The Marathi version thereof was got duly registered from the District Registrar of Sangli which is on the file D in the Special Civil Suit No. 39 of 1973. As there was some disagreement amongst the learned Counsel for parties about the English translation of the said Will, by Order dated 8-9-2001 we directed the Chief Translator and Interpreter of this Court to place on record true and exact English translation of the said Will. In compliance of the aforesaid direction, the Translator has placed before us English translation of the said Will which for the sake of convenience we marked "y". English translation of paragraphs 1 to 8 of the said Will read thus ---

(3.) IT would be seen from the said Will that at the time the Will was executed by the testator, his family consisted of his wife Bhagirathibai and three sons viz. Bandopant Sitaram Bapat (original Appellant No. 1, since deceased and now represented by his legal heirs-the appellants), Shankar Sitaram Bapat (respondent No. 1), and Bhaskar Sitaram Bapat (respondent No. 2 ). Para 2 of the said Will provided that all gold ornaments on the person of his wife Bhagirathibai were her absolute ownership being her stridhan and she was entitled to make disposition of the same as per her wish. Silver utensils as well as domestic utensils made of copper and brass, clothes and valuable Articles were to be got distributed amongst three sons in consultation with their mother (testators wife ). Para 5 in the said Will provided that Bhagirathibai shall carry out Vahiwat in testators houses and land by way of absolute ownership and in consultation with her, three sons shall enjoy the same. After the death of Bhagirathibai, the testators three sons shall reside together and if it was not possible then provision has been made in respect of the land bearing Revenue Survey No. 2013 admeasuring 5 acres 64 gunthas, situated at Ashte sub-division, Satara to be given separately to his son Shankar. It is provided in para 6 of the said Will that testators all three sons will get distributed amongst themselves equitably the properties described therein viz. lands bearing R. S. No. 691/1-A admeasuring 6 Acre 31 gunthas, R. S. No. 694/1-A/1, admeasuring 37 gunthas, R. S. No. 596/3-B+4+5-A, admeasuring 4 acres 32 gunthas, R. S. No. 596/3+4+5+6/3-A, admeasuring 2 acres 38 gunthas, R. S. No. 33/1, admeasuring 1 Acre 23 Gunthas and R. S. No. 32, admeasuring 4 acres 17 gunthas. In para 7 of the said Will it is provided that the house bearing Municipal House No. 3044 where testator and other members of his family have been residing shall be given to Bandopant and the house purchased from Shankar Ganesh Mahajan and open land bearing No. 3059 shall be given to his son Shankar. It further provides that Bandopant shall give Rs. 1500/- to Bhaskar as no residence has been given to Bhaskar. The said Will in para 8 provides that whatever immoveable properties come to the share of Bhaskar shall be used by him only.