1. The appeal is to challenge the validity and legality of the impugned Judgment and order dated 17.10.2004 passed by the Civil Judge Senior Division Khamgaon in Probate case no. 12 of 2010.

2. According to learned Advocate for the appellants the Testator late Mr. Prabhakar Ramrao Ugwekar had no legal right, title and interest in the property mentioned in the alleged Will, made by him. The will was registered after the death of the Testator. It was therefore shrouded with suspicion as propounder played active role to get it registered after the death of the alleged Testator.

3. The facts are, thus:

In the Special Civil Suit No.3 of 1978 decided on 31.08.1984 was decreed for Partition. The suit was filed by the appellant Ratnaprabha for Partition and Possession of the suit land. She was held entitled to share 3/15 in the suit property. The propounder of the alleged Will had heavy burden to discharge to establish that the Testator had full right, title and interest in the subject property to dispose of the same by the Will. Propounder failed to discharge it. The burden never shifted upon the appellants.

4. Learned Advocate Mr Bhide for the appellant referred to the ruling in th