MAHENDRA GAJANAN KARVE Vs. JITENDRA GAJANAN KARVE

JUDGEMENT

(1.) By this testamentary suit which is converted from Testamentary Petition No.514 of 2004, the plaintiff (original petitioner) seeks Letters of Administration with or without Will annexed in respect of the property and credits of the deceased Mr. Gajanan Vishnu Karve who expired on 3.8.2003. Some of the relevant facts for the purpose of deciding this suit are as under:

(2.) It is the case of the plaintiff that the said deceased Mr.Gajanan Vishnu Karve had executed Will in Mumbai on 8.11.2000.The said deceased died leaving behind him 1) Mr. Mahendra Gajanan Karve-son, 2) Shri. Jayant Gajanan Karve-son, 3) Shri. Jitendra Gajanan Karvwe-son, 4) Smt. Prabha Laxmanrao Raikwar and 5) Smt. Ramita Ravindra Prasade- married daughters. The mother, father and wife of the said deceased predeceased to the deceased. During the pendency of the Testamentary Petition, Shri. Jayant Gajanan Karve expired leaving behind him four legal heirs and next of kins whose names are given in Paragraph-9 of the petition by seeking amendment to the said paragraph after demise of the said Jayant Gajanan Karve.

(3.) It is the case of the plaintiff that the said deceased had executed the said Will dated 8.11. 2000 in Marathi which was duly witnessed Mr. Shri. R.S. Bansod and Mrs.Geeta Chandrakant Pawar. The plaintiff filed the Testamentary Petition No.514 of 2004 on 28.6.2004 inter alia praying for Letters of Administration of the Will in respect of the property and the credits of the said deceased in this regard. The plaintiff who was one of the beneficiary of the said Will and one of the legal heir of the said deceased filed an affidavit of one of the attesting witness Mr. Rajesh S. Bansod dated 28.6.2004 along with the said Testamentary Petition. He also filed an affidavit of the second attesting witness Smt. Geeta Chandrakant Pawar along with the Testamentary Petition. Both these witnesses and their said affidavits stated that both of them were present when the said deceased had executed the said Will and the said deceased had signed the said Will in their presence. Signature of the said deceased was witnesses by them.