MAHARASHTRA EXECUTOR & TRUSTEE CO. LTD Vs. STATE

JUDGEMENT

(1.) THE matter is placed on board for marking of Will dated 9th August, 1995 executed by the testator Mr. Raju M. Shetty. Some of the relevant facts for the purpose of marking this Will are as under :

(2.) IT is the case of the petitioner that Raju Shetty, the testator who died on 29th November, 1996 had executed will and testament dated 9th August, 1995. Petitioner was named as sole executor in the said Will. It is the case of the petitioner that the said will was attested by two attesting witnesses. The said will has been marked as X2 for identification.

(3.) MR . Shah, learned senior counsel also invited my attention to the examination in chief and cross examination of Mr. Mangesh Mulye who was one of the attesting witnesses. The said witness has also deposed that he had seen the testator tendering his signature. The said witness however, could not say as to who had filled in the blank portion in the will "9th August, 1995 " filled in hand. Witness has deposed that prior to 9th August, 1995, he had no occasion to personally interact with the deceased. He has deposed that he had tendered his signature on 9th August, 1995 on the document. He has further deposed that Dayanand Karkera has tendered his signature in his presence. In reply to the question as to how could he say that the Will was executed on 9th August, 1995, the witness replied that he stated so because the date 9th August, 1995 appeared on the document when the testator has tendered his signature in his presence.