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SHARMILA U. DESHMUKH
Jamila Gulfam Desai – Appellant
Versus
Jamir Abdulmujir Shiledar – Respondent
JUDGMENT :
(Sharmila U. Deshmukh, J.)
1. The present appeal is filed under Section 96 read with Order 41 of the Code of Civil Procedure 1908 by the original Opponents against the judgment dated 29th May 2014 passed by the Civil Judge (Senior Division) Sangli, District Sangli in Miscellaneous Application No.67 of 2009 granting Probate of Will dated 30th July, 1956. For sake of convenience parties are referred to by their status before the Trial Court.
FACTUAL MATRIX:
2. M.A. No.67 of 2009 was instituted under Sections 276 and 278 of the Indian Succession Act, 1925 by the Applicant in respect of Will dated 30th July 1956 of one Ibrahim @ Kamal Babaso Shiledar who expired on 21st February 1975. The Applicant is the grandson of deceased Ibrahim and Opponent Nos 5 10 are the family members being brothers, sisters and mother of the Applicant. The Opponent Nos 1 and 2 are children of the Applicant’s deceased paternal aunt, Opponent No. 3 and 4 are the paternal aunt and paternal uncle of the Applicant respectively.
3. The case in the Application was that the deceased Ibrahim during his lifetime had executed Will dated 30th July 1956 in respect of Annexure-A properties, which was registered at
Important Point : A will can be proved through secondary evidence if the original is lost, and Letters of Administration can be granted when no executor is appointed.
The absence of an original Will does not invalidate its probate if secondary evidence sufficiently proves its execution and the delay in application is justified.
The propounder must prove the existence and loss of the original Will to obtain Letters of Administration; reliance on a photocopy alone is insufficient.
The execution and integrity of a Will can be upheld despite minor discrepancies or the presence of the beneficiary at signing, provided proper attesting witnesses confirm its authenticity.
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
(1) When a Will is allegedly shrouded in suspicion, its proof ceases to be a simple lis between plaintiff and defendant.(2) Genuineness of Will must be proved by proving intention of testator to make....
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