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1989 Supreme(Bom) 239

S.M.DAUD
Chandrabhagabai w/o Mahadu Lande Since decd. by her heir – Appellant
Versus
Indu Namdeo Lande and others – Respondent


S.M. DAUD, J.:---These appeals arise out of a suit for partition and separate possession and an application seeking a probate in respect of the Will of Chandrabhagabai.

2. The following genealogy will explain the relationship between the parties :

Mahadu (died in 1962)

| Wife Chandrabhagabai

| (died on 27th December, 1976) |

------------------------------------------------

| |

| |

| |

Namdeo (died on 24-3-1969) Jijabai

| |

| |

| |

Two wives

|

|

|

-----------------------

| |

Indu Yamuna

Properties A and B were ancestral in the hands of Mahadu, the other shares of that property being his brother Kisan. Kisan and Mahadu were separate. Property C is a self acquisition of Mahadu. After the passing away of Namdeo, Chandrabhagabai filed a suit against her daughters-in-law alleging that they were enjoying the suit properties to her to exclusion and that she had a 1/3rd share in properties A and B and a 2/3rd share in property C. She wanted her share to be separated and she placed in possession of the separated share. The daughters in-l

































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