UMA Vs. BEBIBAI

JUDGEMENT

(1.) ORAL Judgment: Since this Court had issued a notice to the respondent for final disposal of the first appeal at the time of admission, on 4/12/2006, this first appeal is heard and is being disposed of finally at the admission stage.

(2.) THE respondent had filed a petition for grant of probate under Section 276 of the Indian Succession Act. One Subhash Pawar was serving in Maharashtra State Road Transport Corporation and was married to the appellant no.1, who is Objector No.1 to the probate petition. Some matrimonial dispute arose between Subhash and the appellant no.1 and both were living separately for 15 years prior to the institution of the probate petition. There were no marital relations between Subhash and the appellant no.1-Umabai. It was the case of the respondent Bebibai that she was married to Subhash and both were living together as husband and wife. It is pleaded in the petition that Subhash was suffering from incurable disease and, therefore, he executed a registered Will on 1/12/2004 bequeathing all his amount of provident fund, gratuity, shares, deposits in the Maharashtra State Road Transport Corporative Bank Ltd., in favour of Bebibai. According to Bebibai, the Will dated 1/12/2004 was the last Will executed by Subhash. Subhash died on 27/4/2005 and after his death, Bebibai filed an application for grant of probate in respect of the amounts aforesaid.

(3.) THE Civil Judge, Sr. Dn., Pusad, after granting an opportunity to the parties to tender oral and documentary evidence, by an order dated 10/11/2006, allowed the application filed by Bebibai and directed that the probate of the Will dated 1/12/2004 be issued in the name of Bebibai on payment of the requisite court fees. The order dated 10/11/2006 is challenged in the instant first appeal.