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2001 Supreme(Bom) 908

R.M.LODHA, NISHITA MHATRE
Bandopant Sitaram Bapat, since deceased by his heirs & others – Appellant
Versus
Shankar Sitaram Bapat & others – Respondent


JUDGMENT - R.M. LODHA, J.:---The fact of this Letters Patent Appeal is dependent on the answer to the question whether under the Will dated 2-12-1944 executed by Sitaram Sadashiv Bapat in respect of the immovable properties owned and held by him, his wife Bhagirathibai became the absolute owner or only got limited interest.

2.The testator Sitaram Sadashiv Bapat who died on 24-12-1944 during his lifetime executed Will on 2-12-1944. As the principal question involved is in respect of the construction of said clauses of Will, we deem it proper to reproduce the English translation of the relevant clauses of the said Will but before we do that we may note that the original Will executed by Sitaram Sadashiv Bapat is in Modi script. The Marathi version thereof was got duly registered from the District Registrar of Sangli which is on the file 'D' in the Special Civil Suit No. 39 of 1973. As there was some disagreement amongst the learned Counsel for parties about the English translation of the said Will, by Order dated 8-9-2001 we directed the Chief Translator and Interpreter of this Court to place on record true and exact English translation of the said Will. In compliance of the aforesaid







































































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