KANTILAL CHHOTALAL PATEL Vs. MADHUBEN KANUBHAI PATEL

JUDGEMENT

(1.) This First Appeal is directed against the Judgment and order dtd. 16/04/2005 passed by the Civil Judge, Senior Division, Khamgaon in Probate Case No.7/1993. The petition for probate was preferred by respondent Nos.1 and 2, who are daughters, applying for probate in respect of Will dtd. 22/10/1991 executed by their father Chhotalal Patel, who died on 13/05/1992 at Khamgaon, whereunder various movable and immovable properties, as per Schedule-A, B and C, annexed to the probate petition, have been bequeathed in their favour.

(2.) According to respondent Nos.1 and 2, all the abovesaid movable and immovable properties were owned by their father as owner and the same were bequeathed in their favour by registered Will dtd. 22/10/1991. Therefore, they prayed for issuance of probate in their favour.

(3.) The said petition was resisted by the appellants. They denied that their father personally owned any movable or immovable property either at Khamgaon or at Jalundh, Tq. Khambat, Dist. Khede in the State of Gujarat. According to them, properties were held by the deceased - father as Karta of Joint Hindu Family consisting of themselves along with others. The other properties acquired by the deceased - father were the result of the joint acquisition and joint labour of deceased, appellants and others. Some of the properties were also partitioned during their life time and the same was acted upon.