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2016 Supreme(Bom) 758

G.S.PATEL
Kirit Navnitlal Damania – Appellant
Versus
Anuradha Anil Bhagwat – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Nitin Thakkar, Mr. Tejas Vora, i/b D. R. Mishra.
For the Defendants : Mr. Atul Damle, Mr. Vaibhav M. Parashurami, i/b Vikrant V. Parashurami.

JUDGMENT:

1. The Plaintiffs seeks probate to a Will dated 4th July 1993 said to have been left by one Shashikala Baburao Alandkar(“Shashikala”). Shashikala died in tragic accident on 27th February 1994, succumbing to severe burn injuries. Shashikala was unmarried, and had no children. She was survived by the two branches of her brothers’ families. One of these branches is the family of Mahavir Baburao Alandkar. Mahavir had seven heirs.None of them have challenged this Petition. The other brother, Padmakar Baburao Alandkar, had a daughter Anuradha, who in turn has three children, Aseem, Ajay and Preeti. They oppose this probate petition; Anuradha is Shashikala’s niece, and the other three Defendants are her children. The 2nd Defendant filed the Affidavit in Support of the Caveat for himself and as the Constituted Attorney of the other Defendants.

2. I turn now to the Will in question. The Will has four pages. It is typewritten. There were two witnesses to this Will, one Mr. R. G. Shenai and Mr. G.V.P. Desai. Page 1 of the Will has the initials of the deceased and of two witnesses.


















































































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