B B PAYMASTER Vs. BAURAWA SANGAPPA KADAPATTI

JUDGEMENT

(1.) ON July 27th and 29th July 2004 this Appeal was heard finally. The order impugned in the Appeal it an order rejecting an Application for Probate filed by the appellants. Considering the facts and circumstances of the case and in view of the case made cut in the Civil application No. 1437 of 2002, this Appeal was taken up for final hearing out of turn.

(2.) THE Appellants applied for grant of Probate in respect of the alleged last will dated 29th April 1998 of late Dr. (Miss) Indu Shankarrao Patwardhan. The will is a registered Mill. The Application under section 276 of the Indian Succession Act, 1925 (hereinafter referred to as "the said Act") was filed by the Appellants claiming to be the Executors appointed under the said will. The Testator died on 8th February 1999. It is stated in the Application that the only real brother of testator passed away 40 years ago and the said brother is survived by his widow Mrs. Laila Parwardhan,his son shri Pranay Patwardhan and a daughter Mrs. Pravasini sawhney. The Respondents who were impleaded as opponents in the Application are the alleged beneficiaries under the Will along with the Appellant nos. 4 and 5. It appears from the Application that the deceased left behind large and valuable moveable and immoveable properties. The Respondents filed a pursis stating therein that they had no objection if the probate was granted.

(3.) THE learned trial Judge directed that a citation be published in a Newspaper which was published in Daily prabhat. Citation was not issued to the legal representatives of the deceased brother of the Testator. The Appellants examined on oath the Appellant No. 5, the alleged attesting witnesses and a Medical Practitioner.