KAMAL MAHALING PATIL Vs. INDUBAI MAHALING PATIL

JUDGEMENT

(1.) Scope of jurisdiction to be exercised by the Probate Court is to be examined in this appeal, and accordingly answer the points raised for consideration .

(2.) Appellant had filed an application under Section 276 of the Indian Succession Act for probate of will dated 12th March, 2007 of her deceased husband, Mahaling R. Patil in the Court of Civil Judge, Senior Division, Sangli. The learned Judge dismissed the said application, however, counter-claim filed by the opponent, therein for issuing the succession certificate, was granted vide order dated 24th April, 2007. However, as against the order granting succession certificate, the appellant had filed Regular Civil Appeal No.76 of 2009 in the District Court and, therefore, in this appeal challenge is to the order, declining the probate. It may be stated that the Regular Civil Appeal No.76 of 2009 preferred by the appellant was dismissed by the learned Appellate Court, against which Second Appeal No.463 of 2014 was filed. The Second Appeal was heard and dismissed by this Court on 1st February, 2019.

(3.) Facts giving rise to this First Appeal are thus;