JAMILA GULFAM DESAI Vs. JAMIR ABDULMUJIR SHILEDAR

JUDGEMENT

(1.) The present appeal is filed under Sec. 96 read with Order 41 of the Code of Civil Procedure 1908 by the original Opponents against the judgment dtd. 29/5/2014 passed by the Civil Judge (Senior Division) Sangli, District Sangli in Miscellaneous Application No.67 of 2009 granting Probate of Will dtd. 30/7/1956. For sake of convenience parties are referred to by their status before the Trial Court.

(2.) M.A. No.67 of 2009 was instituted under Ss. 276 and 278 of the Indian Succession Act, 1925 by the Applicant in respect of Will dtd. 30/7/1956 of one Ibrahim @ Kamal Babaso Shiledar who expired on 21/2/1975. The Applicant is the grandson of deceased Ibrahim and Opponent Nos 5 10 are the family members being brothers, sisters and mother of the Applicant. The Opponent Nos 1 and 2 are children of the Applicant's deceased paternal aunt, Opponent No. 3 and 4 are the paternal aunt and paternal uncle of the Applicant respectively.

(3.) The case in the Application was that the deceased Ibrahim during his lifetime had executed Will dtd. 30/7/1956 in respect of Annexure-A properties, which was registered at Serial No. 1249 with the Joint Sub Registrar, Miraj-1 District Sangli and noted in Index-III. At the time of death of said Ibrahim, Applicant was aged 4 years and was not aware of the execution of Will. After the death of Ibrahim, the Applicant's father and Opponent No 4 suppressed the original Will and mutated their names in the property cards. On 29/7/2005, the Applicant's father expired and while going through his documents, Applicant learnt about the registered Will dtd. 30/7/1956. Despite all efforts the original Will could not be found and on 15/9/2005 the Applicant obtained certified copy of the registered Will from the office of Sub Registrar, Miraj-1, District Sangli.