BABAN RAMBHAO JAGDALE Vs. HANMANT RAMBHAU JAGDALE

JUDGEMENT

(1.) THIS First Appeal is directed against the judgment and order dated 11-10-1983 passed by the second Joint Civil Judge, Senior division, Pune in Misc. Application No. 469 of 1981. The said application was preferred by the respondent under section 276 of the Indian Succession Act applying for probate in respect of a Will dated 8-7-1968, executed by his father ramu Parshuram Jagadale, who died on 17-8-1969. whereunder property bearing No. 404/b, Shivajinagar, Pune has been bequeathed in his favour. It is not in dispute that the said property was purchased by Ramu Parshuram Jagadale in the year 1938 by a registered Sale Deed. The said application was resisted by the appellant. Though other heirs of Ramu Parshuram Jagadale were impleaded in the said proceedings, no say was filed by the opponents Nos. 2. 5, 6 and 7, whereas say was filed by opponents Nos. 1, 3 and 4. The appellant was opponent No. 1 in the said proceeding. In his reply, opposing the said application, the appellant, inter alia, contended that the said Ramu Parshuram Jagadale had no authority to bequeath the subject property as the same was not of his absolute ownership. The appellant further contended that the Will has been obtained by the respondent fraudulently from the deceased Ramu Parshuram Jagadale who was bed-ridden and was incapable of understanding and taking just decisions. The appellant further alleged that the respondent has influenced in the making of the Will, being the elder son of deceased Ramu Jagadale. On the basis of pleadings filed before the lower Court, the trial Court framed the following issue:

(2.) THOUGH the respondent has been served and is represented by his Advocate, none appeared when the matter was called out.

(3.) HAVING considered the abovesaid submissions made by the learned counsel for the appellant and after going through the record of the case with the assistance of the Counsel for the appellant, following points would arise for my consideration: