SHIVAJI RAMCHANDRA SAWANT Vs. DINESH RAMCHANDRA SAWANT

JUDGEMENT

(1.) THE Plaintiff is one of the executors under the Will of his deceased father Ramchandra Marutirao Sawant dated 22 nd February, 2001. The Plaintiff has applied for probate of the said Will. The deceased had wife and 7 children being five sons and two daughters. One of the two sons has filed the caveat. The other sons have supported the petition. The caveators have contended that the Will has not been properly executed and that the father had no capacity to bequeath the properties mentioned in the Will. The testamentary court is concerned only with the execution and attestation of the Will and not the title of the properties. Consequently, based upon the pleadings Justice Oka framed the following issues on 20 th November, 2009 which are answered as follows: This Order is modified/corrected by Speaking to Minutes Order

(2.) THE Plaintiff has examined himself and the Doctor who is the attesting witness to the Will as also the Director of a company who is the friend of the deceased and who is the other attesting witness to the Will. The caveators have examined one of the caveators on behalf of the caveators / defendants. The issues require the Plaintiff to prove the due execution and attestation of the Will. The parties have produced before Commissioner the affidavits of the Petitioner as also two attesting witnesses filed in the petition on 8 th January, 2010. These witnesses have been cross examined on behalf of the caveators / defendants.

(3.) THE Petitioner has deposed about the various properties of the deceased, business of the deceased and the relationship of the parties. He has also deposed about the executors appointed under the Will. He has deposed about the Will of the father executed by the father at the office of the Collector of Bombay with the two attesting witnesses who signed there when he was present. He has identified the signatures of the attesting witnesses. He has stated that the Doctor was the family Doctor. He has deposed that the Will was kept deposited with the Petitioner who was one of the sons of the deceased in safe custody. His cross examination shows that he was present This Order is modified/corrected by Speaking to Minutes Order when the Will was executed and thereafter all the four persons being the deceased, the Doctor, the Director as also the witness went to Old Customs House for registering the Will. In the Old Customs House the Registrar asked to identify the signature on the Will and thereafter took their signatures in the register maintained by the Collector. He has also deposed that one brother Subhash was called by the deceased in Collector's office where he came.