DEEPAK SHIVRAM PATARE Vs. VIJAY SHIVRAM PATARE

JUDGEMENT

(1.) Heard. Admit. At the instance of both the parties the First Appeal is taken up for final disposal, as the parties have supplied private paper book for early disposal of the appeal.

(2.) Feeling aggrieved by the judgment and order dtd. 10/11/2021, passed by learned Civil Judge, Senior Division, Shrirampur, Dist. Ahmednagar, in Probate Application No.2 of 2019, the applicant therein has preferred this appeal under Sec. 384 of the Indian Succession Act, 1925 ("the Act " for short).

(3.) Both the parties, i.e. the appellant and the respondent, are the real brothers of each other. One Anjanabai happened to be the maternal grandmother of both the parties. Deceased Anjanabai was having undivided interest in land situated at Survey No.26/8/C+9+10 and survey no.31/2/8, at Mauje Mundhawa, Tq. and Dist. Pune. Undisputedly, Anjanabai died on 4/3/2005 at Mauje Karegaon, Tq. and Dist. Shrirampur. It is undisputed fact that before she died, she used to stay with the respondent. The controversy in the appeal is about two Will-deeds, i.e. (i) dtd. 22/12/2004, on which the appellant relies; and (ii) dtd. 17/2/2005, executed in favour of the respondent by deceased Anjanabai and of which, probate has been issued by the trial court in Probate Application No.1 of 2018. The appellant challenged the probate granted by learned Civil Judge, Senior Division, Shrirampur, on 3/9/2019 in Probate Application No.1 of 2018 thereby seeking its revocation; and praying for probate in his own name on the basis of the will deed dtd. 22/12/2004.