JUDGMENT :

G.A. SANAP, J.

1. In this appeal, filed under Section 299 of the Indian Succession Act, 1925 (for short “the Act of 1925”), challenge is to the judgment and order dated 29th June, 2010, passed by the learned Civil Judge (Senior Division), Chandrapur, whereby the probate application made by respondent No. 1 was allowed and the probate of the Will Deed of testator Rangubai dated 6th October, 2000 was issued in favour of respondent No. 1.

2. BACKGROUND FACTS:

In this judgment, the parties shall be referred by their nomenclature in the probate application. The appellant is non-applicant No. 1. Respondent No. 1 is the applicant and respondent No. 2 is the non-applicant No. 2. Deceased-Rangubai had two sons and two daughters. It is the case of the applicant that her father Rajanna, during his lifetime, made provision for the future life of his wife Rangubai by keeping the amount of Rs. 1,60,000/- in a fixed deposit. It was kept in the joint names of Rangubai and non-applicant No. 1. Non-applicant No. 1 did not maintain Rangubai. She was driven out of the house by non-applicant No. 1 and, therefore, she was constrained to live with the applicant. Rangubai died on 16th January, 2003