JUDGMENT - PATIL J.A., J.:---The petitioner has filed this petition under section 280 of the Indian Succession Act and prayed for grant of probate of the last Will and testament of deceased Ajit Baran Pal, a Hindu, resident of Bombay, who died on 5-12-1994, leaving behind him a married daughter by name Suparna (defendant) and a son by name Alok. According to the petitioner, the deceased had made his last Will on 26-11-1994 and appointed him as the sole executor. The deceased owned three tailoring shops on ownership basis and one shop on tenancy basis, all situate in Kamal Kunj Co-operative Housing Societys building at Bandra, a residential flat and bank accounts as described in Schedule I annexed to the petition. Under the Will the deceased purports to have bequeathed all his estate to his son Alok only.

2. The defendant filed her caveat opposing grant of probate to the petitioner. In view of the objection, the petition was converted into a suit. In the affidavit filed in support of the caveat it was pointed out that the deceased has been survived by herself and her brother Alok. She has further stated that the deceased was carrying on a tailoring business in his three shops as sole

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