The central legal point established in the judgment is the need to interpret a Will in accordance with the dominant intention of the testator, considering all the provisions of the Will and avoiding repugnancy in the clauses.

Headnote:
WILL - INTERPRETATION - Indian Succession Act, 1925, Sections 82, 83, 85, 88 - The court analyzed the Will dated 2-12-1944 to determine whether Bhagirathibai acquired absolute ownership or limited interest in the immovable properties. The court referred to various legal provisions and precedents to interpret the Will and concluded that Bhagirathibai acquired only life interest in the immovable properties.
Fact of the Case:

The dispute arose over the interpretation of the Will dated 2-12-1944, where the testator's wife, Bhagirathibai, was claimed to have acquired absolute ownership or limited interest in the immovable properties. After the death of the testator, the original appellant filed a suit for partition and separate possession of the property, which was dismissed by the trial court and the first appeal was also dismissed.
Finding of the Court:

The court found that Bhagirathibai acquired only life interest in the immovable properties, and therefore, her subsequent Will bequeathing the properties to respondent Nos. 1 and 2 was not valid. The court set aside the judgments of the trial court and the single judge, and decreed the plaintiff's suit for partition and separate possession of his share in the property.
Issues: The issues revolved around the interpretation of the Will and the nature of interest acquired by Bhagirathibai in the immovable properties. The court specifically addressed the conflicting interpretations of the Will and the legal implications of the provisions.
Ratio Decidendi: The court relied on the Indian Succession Act, 1925, particularly Sections 82, 83, 85, and 88, and various legal precedents to interpret the Will. The court emphasized the need to gather the dominant intention of the testator from reading the Will as a whole and to avoid repugnancy in the clauses of the Will. The court concluded that Bhagirathibai acquired only life interest in the immovable properties.
Final Decision: The Letters Patent Appeal was allowed, and the judgments of the trial court and the single judge were set aside. The plaintiff's suit for partition and separate possession of his share in the property was decreed.

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 direction, the Translator has placed before us English translation of the said Will which for the sake of convenience we marked "Y". English translation of paragraphs 1 to 8 of the said Will read thus ---

"(1) Presently my family consists following members :

1) Sau. Bhagirathibai wife of Sitaram Bapat, aged about 46 years.

2) Chi. Bando Sitaram Bapat, aged about 30 years.

3) Chi. Shankar Sitaram Bapat, aged about 23 years..

4) Chi. Bhaskar Sitaram Bapat, aged about 21 years.

(2) All gold-ornaments on the person of my wife Sau. Bhagirathibai Serial No. 1, are as follows :---

'Sari' (a kind of ornament to be worn around the neck), 'Patlya' (type of bangles) 'Goth' (Wristlet), 'Tode' (type of bangles), 'Bilwar' (bangles). All these Articles are of her absolute ownership being her 'Stridhan'. Therefore, she shall make disposition of the same as per her wish.

3) Silver utensils viz. 'Taat' (i.e. a plate)-1, 'Tambya' (i.e. water container)-1, 'Tamhan' (i.e. a circular metal platter)-1, 'phoolpatra' (i.e. a small pot to drink water from)-6, 'Watya' (i.e. small bowls)-10, 'Attardani' (i.e. a container for perfumed essences) 'Gulabdani' (i.e. a rose-water container) as well as domestic utensils made of copper and brass, clothes and valuable articles shall be got distributed by three sons in consultation with Sau. Bhagirathibai, without causing any inconvenience to each other.

4) Chi. Bandopant is my eldest son and his studies are over and he is married.---Therefore, after my death, he shall make all dispositions entirely in consultation with his mother.

5) Serial No. 1. Sau. Bhagirathibai shall carry out vahiwat in my immovable properly i.e. houses and land, by way of absolute ownership and in consultation with her my three sons at Serial Nos. 2/3/4/ shall enjoy the same on her behalf after winning her confidence. After her death, my three sons shall reside together and if it is not possible then the land from 'Adtura', bearing R.S. No. 2013, admeasuring 5 acre 6 gunthas, assessed at Rs. 23-14, situated at Sub-division Ashte, Division Satara, shall be given separately to my son Chi. Shankar at Serial No. 3, because I could not spend money for his education.

6) All my three sons shall get distributed among them equitably, the properties described hereunder : i.e. the lands bearing R.S. No. 691/1-A admeasuring 6 acre-31 gunthas, assessed at Rs. 30-13, R.S. No. 694/1-A/1 admeasuring 0 acre-37 gunthas, assessed at Rs. 3-11, R.S. No. 596/3-B+4+5-A, admeasuring 4 acre-32 gunthas assessed at Rs. 22, R.S. No. 596/3+4+5+6/3-A admeasuring 2 acre-38 gunthas, assessed at Rs. 13-7 'Rozevat' (?) R.S. No. 33/1, admeasuring 1 acre 23 gunthas, assessed at Rs. 6-4, R.S. No. 32, admeasuring 4 acres 17 gunthas, assessed at Rs. 16, situated at 'Nagthanvatdale Undeghol', sub-division 'Ashte

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