The propounder of a Will must prove its validity and dispel any suspicious circumstances; under Muslim law, a bequest exceeding one-third of the estate requires consent from heirs.

JUDGMENT :

S. G. CHAPALGAONKAR, J.

1. All proceedings are arising out of common order dated 30.09.2023 passed by Civil Judge Senior Division, Aurangabad. For better understanding, the details are mentioned in tabular form:

2. All three proceedings were taken up for common hearing and disposal before Civil Judge Senior Division at Aurangabad, who allowed Civil M.A. No.2151/2021 and directed issuance of heirship certificate in name of Alishan and others in respect of immovable properties and succession certificate in respect of Alishan and others in respect of Fixed Deposits at Maharashtra Gramin Bank, whereas rejected Civil M.A. Nos.293/2023 and 294/2023.

3. The facts giving rise to present proceedings are summarized as under:

One Tajuddin Noor Mohammad Shaikh was scholar of religious scriptures of Hindu religion and renowned preacher (Kirtankar). Although he was Muslim by birth, he had developed interest in Hindu scriptures since his young age and devoted in social and religious work in the interest of community. The appellant-Sunil Vitthal Shinde claims that Tajuddin Shaikh was residing with him as family member. Initially he came in contact with appellant’s father and became family member. The appellant since childhood devoted himself in assisting Tajuddin Shaikh. During the lifetime Tajuddin Shaikh purchased some properties out of his income and had maintained certain Fixed Deposits. He executed two Will dated 11.12.2013 and 28.09.2020 and bequeathed his property to appellant. Tajuddin Shaikh died on 27.09.2021 due to heart attack. After demise of Tajuddin Shaikh, Appasaheb Admane handed over appellant both Will. Accordingly, he claims for grant of Probate in respect of Will or Letter of Administration as per Will.

4. It is contention of appellant that Alishan and others have no right to seek heirship or succession certificate as Tajuddin Shaikh has executed Will and bequeathed his interest in movable and immovable properties in his favour.

5. Per contra, Alishan and others contested claim of Sunil Shinde contending that Tajuddin Shaikh never renounced Islam. During his lifetime, he maintained his family from his income. His last rites are performed as per Muslim rituals and dome is constructed near his house, which is looked and managed by Alishan and others. They denied execution of Will and contended that appellant has created false and fabricated documents with intention to grab properties left behind by Tajuddin Shaikh.

6. The Trial Court framed issues, recorded evidence of parties and rejected claim of appellant highlighting certain doubtful circumstances as regards to Will relied by appellant and passed impugned order.

7. Mr. Patni, learned Advocate appearing for the appellant vehemently contends that late Tajuddin Shaikh never resided with his family. At young age of about 18 years, he left home and resided in shelter of appellant’s family. The appellants from his young age, remained in service of Tajuddin Shaikh. Hence, he executed his Will dated 11.12.2013 bequeathing his properties in the name of appellant. The Will is duly notarized and signed by two witnesses. Second Will dated 28.09.2020 does not conflict with first Will and reiterates intention of Tajuddin Shaikh to bequeath properties purchased by him in favour of appellant. There cannot be dispute about valid execution of Will. The attesting witnesses are examined, whose testimony cannot be doubted. The physical and mental condition of Tajuddin Shaikh at th