VASUDEO MAHADEO PARANJAPE Vs. SUMAN ANANT PARANJAPE

JUDGEMENT

(1.) THIS appeal, filed under Section 299 of the Indian Succession Act, 1925 (for short 'Act'), is directed against the order dated 27th October, 1989, delivered by the Vth Addl. Judge to the Court of the District Judge, Indore in Probate Case No. 67/78, thereby granting Probate of the WILL dated 3rd November, 1974, alleged to be executed by late Mahadeo Paranjape in favour of his daughter -in -law Shrimati Suman, wife of his son Anant.

(2.) THE factual matrix lies in a narrow compass. The Respondent No. 1 (Smt. Suman) filed an application on 8 -8 -1978 for grant of probate of the will dated 3 -11 -1974. The testator died on 5 -1 -1975 at Indore. He was survived by six sons and four daughters. This will is said to be attested by Dinkar (PW -1), the husband of his daughter Smt. Vimal, resident of Dewas and Udaya (PW -2), the husband of his another daughter Smt. Udita, resident of Indore. The description of the property was shown in Annexures -A and B, attached to the aforesaid application. The appellant objected to the grant of probate and denounced the will as forged. It was contended that the testator had lacked the requisite testamentary capacity and had not possessed sound disposing mind at the material time; both physically and mentally, he was an infirm person. The Probate Court, on evaluation of the evidential material both oral and documentary, concluded that Mahadeo executed Will on 3 -11 -1974 in fit mental condition and that his mental faculty remained satisfactory right upto his death. On the linchpin of this crucial conclusion, the Court allowed the application and granted probate certificate on production of Stamps worth Rs. 1,133.30 Ps. pursuant to the order dated 27 -10 -1989, impugned in this appeal.

(3.) SHRI Waghmare has directed manifold attack, scathing in nature, against the impugned order urging the respondent No. 1, propounder of the will, has failed to dispel the doubts and to explain the suspicious circumstances, predigious in number, associated with the alleged will. The points pressed may be catalogued as under -