SHRIKANT RAGHUNATH MARATHE Vs. ARUNA VIJAY JOSHI

JUDGEMENT

(1.) By this Interim Application, the Applicants are seeking discharge of the Caveat No. 275 of 2017 filed by the Defendant and for the Testamentary Petition No. 244 of 2017 to be disposed of in accordance with law.

(2.) The Applicants are the original Petitioners who had filed Testamentary Petition No. 244 of 2017 which later on was converted to Testamentary Suit No. 181 of 2017. The Applicants have stated that there appears to be a grievance expressed by the Defendant/Caveator that some of the property bequeathed by the testator in his Will was not self-acquired property and was purchased out of ancestral property. There appears also to be a grievance of the Defendant/Caveator that a medical certificate has not been annexed to the Testamentary Petition disclosing that the testator at the time of execution of his Will was of fit and sound mind. One of the witnesses to the said Will of the deceased is a physician who has not given a certificate to that effect.

(3.) The Applicants have stated that the Defendant/Caveator has not disputed the execution of the Will. It is further stated that there is no cause shown to oppose the grant of probate or any cause shown for probable invalidity of the said Will. The Caveator apart from making a grievance as to the title of the property bequeathed and alleged inequitable distribution of the property by the distributor has not raised any ground to impinge the validity of the Will of the Testator. Hence, the caveat is not maintainable and deserves to be discharged.