DASAPPA DHOMBA KARKERA Vs. MAHESH DASAPPA KARKERA

JUDGEMENT

(1.) The testamentary suit is filed by the petitioner for letters of administration of the deceased Dasappa Dhomba Karkera with the will of the deceased dated 2nd August, 1996 annexed thereto. The deceased had 3 sons and 3 daughters. The deceased lived with one son, the caveator herein. The deceased has bequeathed the movable properties to his 3 daughters who were his joint holders in his investments. The deceased has bequeathed his immovable property being his residential flat to 5 out of his 6 children excluding only the caveator who lived with him. He has directed sale of the flat and equal distribution of the proceeds to his 5 children further directing that the caveator be vacated from the flat by his nominees who were his eldest daughter and youngest son. The deceased has declared that his son, the caveator herein who lived with him was not looking after and taking care of him in his old age. The will is attested by two witnesses on 2nd August, 1996 and registered before the SubRegistrar of Assurances in the presence of two other witnesses being the Advocate of the deceased and the Executor appointed under the will also on 2nd August, 1996.

(2.) The caveator has essentially challenged the will on the ground that he has sent monies from abroad and paid for the consideration of the flat and hence the flat belongs to him and it could not have been bequeathed to the other children of the deceased. The caveator has claimed that accordingly the will is bogus. The caveator / defendant has also claimed that the deceased was not in a sound and disposing state of mind at the time of the execution of the will and the signature on the will is not of the deceased.

(3.) Based upon the respective cases of the parties the following issues came to be framed which are answered as follows: