G. SUBBARAJU Vs. ARCHANA RAJESH SHIVHARE

JUDGEMENT

(1.) This petition has been filed for revocation of the probate of the will of the deceased testatrix one Sheelabai Maneklal Shivhare @ Venkata Ramanamma. The deceased had one daughter who was adopted by her. Her biological mother is stated to be the sister of the deceased. Her daughter is the sole legatee. The will shows that she was married to one Maneklal Shivhare. Two persons shown as Rajesh Shivhare and Mukesh Shivhare who are stated to be the sons of Maneklal Shivhare are the attesting witnesses. There are two executors in the will. One executrix is the wife of Rajesh Shivhare who has filed the petition. The other executor has reserved his right to administer the estate and has not been as the petitioner. The deceased is shown to have left behind as her only heir and legal representative her married daughter and her husband under Section 15 of the Hindu Succession Act. These relatives would be her only heirs. Her husband has consented to the grant of probate to the adopted daughter of the deceased. Consequently the petition has not been served upon any other heirs.

(2.) The petitioner herein is her brother. He claims to be the only heir of the deceased. The will itself shows that she has brother and sister. Counsel on behalf of the petitioner stated to Court orally that there was one other sister of the deceased also who has not been joined in the petition.

(3.) The essential case of the petitioner herein is that the deceased was not married to Maneklal. The respondents herein who are the executors under the will of the deceased and the husband of the deceased have sought to show the documents to prove the marital relationship over a period of years. The documents showing Maneklal as her husband are thus: