SHOBHA MADHUSUDAN SHETH Vs. SANDEEP SHAYAM BHANUSHALI

JUDGEMENT

(1.) The plaintiff, who is the daughter of the deceased, has sought to probate the Will of her deceased mother dated 22nd March, 1999. The deceased expired on 22nd May, 2003. The defendant is her brother. Two other sisters and a brother have also been served citation. They have not filed any caveat within time. The defendant filed the caveat and has contended that the stamp paper on which the Will has been executed is backdated and is invalid. The Will has not been notarised and it has not been validly executed. Upon such defence the only issue that arose and which the plaintiff was to prove was relating to the validity of the execution of the Will. Issues came to be framed on 25th November, 2010 and are answered as follows :

(2.) Issue No. 1:

(3.) The Will has been executed in Marathi language on two stamp papers issued in the name of the plaintiff. The Will is shown to be notarised. It is typewritten. It extends over three pages; the first two upon stamp papers. The deceased has signed at the foot of the first two pages and in the middle of the third page in the execution clause below the date which is typewritten. Below the signature of the deceased is the typewritten endorsement of the Doctor showing his name put in ink and which is signed and rubber stamped by the Doctor. Thereafter is the endorsement of the plaintiff herself signed by the plaintiff. The two witnesses who are stated to be attesting witnesses have signed below the plaintiff's signature and not below or against the signature of the deceased in the execution clause. The Will is also signed by her lawyer at the foot of the document after the signatures of the two witnesses who are stated to be attesting witnesses with a rubber stamp of the lawyer.