The main legal point established in the judgment is that the due execution of a will must be proved, and the lack of evidence from attesting witnesses can lead to the refusal of the grant of Letters of Administration with the will annexed.

1. This petition is filed for Letters of Administration with the Will of the deceased one Mangesh Pandurang Rege dated 1st October, 1971 annexed thereto. There are two executors appointed in the will, both of whom are stated to have expired prior to the filing of the petition. The deceased is shown to have left behind his widow, four sons, one married daughter and widows and daughters of two deceased sons.

2. Six consent affidavits have been filed. Two caveats have been filed. One caveatrix has withdrawn the caveat. The only challenge is by the present caveatrix/defendant who is widow of the deceased son of the deceased.

3. The caveat claims that the will has been obtained by fraud, coercion and an undue influence practiced by the original petitioner. It was obtained without explaining the contents to the deceased at the time of obtaining his thumb impression. It also takes exception to inordinate delay of 19 years in filing the petition. It sets out the position of the family properties and the relationship between the family members to claim that the will is bogus, cooked up and forged.

4. Based upon the aforesaid pleadings the following issues have been framed which are answered as follows:

ISSUES

(i) Whether the last will and testament dated 1stOctober 1971 is the last will and testament of deceased Mangesh Pandurang Rege. No

(ii) Whether the defendant proves that the will dated 1st October, 1971 was obtained by fraud, coercion and undue influence. Not required to be answered.

(iii) Whether the defendant proves that the will dated 1st October, 1971 is bogus, cooked and a forged document. Not required to be answered.

5. The original petitioner expired pending the petition. His widow is the present petitioner (plaintiff). The caveatrix is the widow of another deceased brother of the original petitioner. The plaintiff has herself deposed and led evidence of a handwriting expert to prove the signature of two of the attesting witnesses to the will. The defendant has examined herself. The plaintiff has relied upon two powers of attorney executed by the deceased as also by the original petitioner (original plaintiff), her deceased husband, which bore the signatures of the two attesting witnesses. These documents have been shown to the handwriting expert along with original will to obtain the opinion of the handwriting expert with regard to the aforesaid signatures. The plaintiff has also relied upon certain correspondence which has been shown in the cross-examination of the defendant which shall be considered presently.

6. The defendant has relied upon the marriage certificate of the defendant, the birth certificate of the daughter of the defendant and the death certificate of her deceased husband amongst other documents which are neither relevant nor proved and need not be considered. The defendant has relied upon inter alia the divorce petition of the plaintiff in the cross-examination of the plaintiff and the judgment in the petition which documents are not denied. The plaintiff has relied upon two agreements of purchase of two flats in her name in the cross-examination of the defendant which are also not denied. The plaintiff has also relied upon certain letters, one of which dated 27.04.1972 is relevant and shall be considered. The aforesaid documents which constitute the material evidence to be considered alongside the oral evidence of the parties in determining the aforesaid issues.

ISSUE NO.1 : Re : Execution of the will dated 01.10.1971 by Mangesh Pandurang Rege.

7. The will has been executed when the deceased was 76 years old and 2 ½ years prior to his death. The will is on typewritten foolscap accounting paper. It shows three attesting witnesses to the execution of the will by the thumb impression of the deceased. The three signatures have been put twice on the last page of the will. The three attesting witnesses have put their initials on pages 1 & 3 also. The will runs in 6 pages. The will is shown to be prep