JUDGMENT - D.R. DHANUKA, J.:---The material facts having bearing on the preliminary issues framed by the Court regarding locus standi of the Caveator to file the Caveat herein are as under :

(a) On 30th June, 1983, the Testator Shri Shreeniwas alias Shrinath son of Manjanath Prabhu alias Shriniwas Manjunath Prabhu alias Shrinath Manjunath Prabhu died at Bombay. The deceased left his widow and two daughters, as mentioned in para 9 of the petition, i.e Mrs. Rukminibai Shriniwas Prabhu (widow), Vatsala Vinayak Pai (married daughter) and Jayshree Raghuvir Balgi (married daughter). The widow of the deceased is of unsound mind and is in the mental hospital in Kolhapur.

(b) Jayshree Raghuvir Balgi has filed this petition for probate in respect of the Will dated 4th September 1977 contending that the deceased has left the said Will as his last Will at the time of his death. Shri Gokuldas Sheshgiri Prabhu, the nephew of the deceased had filed a Caveat.

2. Even if the deceased had died intestate, the estate of the deceased would have been inherited by the widow and the daughters of the deceased. Under section 8 of Hindu Succession Act, 1956 when the relatives specified in Class I of the Schedu

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