DINESH MADHUKAR PARSHETYE Vs. ABHAY SHRIDHAR SHETYE

JUDGEMENT

(1.) The present Miscellaneous Petition has been filed for revocation of the probate dtd. 31/3/2016 granted by this Court in respect of the Will dtd. 22/6/1989 of one Malatibai Rajaram Parshetye ("the deceased").

(2.) Petitioner seeks revocation of probate under Sec. 263(b) of the Indian Succession Act, 1925 ("the said Act") which reads thus:-

(3.) Petitioner in support of his contention that Petitioner is a Class - II legal heir of the deceased has relied upon a family tree (Exhibit-C to the Petition) which shows that the Petitioner is the nephew of the deceased, being the son of one Madhukar Dhondu Parshetye, who is deceased cousin of Rajaram Appa Parshetye (the predeceased husband of the deceased) and is thus a Class - II legal heir of the deceased. The Petition additionally set out (in Exhibit-D to the Petition) that the deceased and the Respondent had other surviving family members through the father of the deceased.