RAVINDRA Vs. AVINASH VITHAL RANANAVARE

JUDGEMENT

(1.) The present Testamentary Suit has been filed for Letters of Administration in respect of a writing dtd. 10/8/1991 propounded by the Plaintiffs as being the last Will and Testament ("the said Will") of one Mr. Vithal Gunduji Rananavare ("the deceased").

(2.) Before proceeding further, it is useful to set out that the deceased had married twice and had children from both his wives. From his first wife, namely Indumati Vithal Rananavare (first wife) he had two sons and from his second wife, Shantabai Vithal Rananavare (second wife) he had two sons and two daughters. The present Suit is filed by the sons of the deceased from the second wife. Defendant No. 1 is son of the deceased from his first wife and Defendant No. 2 is the daughter of the deceased from his second wife. The family tree of the deceased is as follows: - <IMG>JUDGEMENT_1179_LAWS(BOM)6_2023_1.jpg</IMG>

(3.) It is Plaintiff's case that the deceased executed the said Will interalia bequeathing movable and immovable properties more particularly mentioned in Schedule A and B to the said Will exclusively to the Plaintiffs. The deceased also bequeathed 25 grams of gold each to his daughters from his second wife i.e. the sisters of the Plaintiffs. Admittedly, no bequest was made under the said Will in favour of the sons of the deceased from his first wife i.e., Defendant No.1 and his brother Dr. Suresh alias Surendra Vithal Rananavare.