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1993 Supreme(MP) 385

A.R.TIWARI
Vasudeo Mahadeo Paranjape – Appellant
Versus
Suman Anant Paranjape And Ors. – Respondent


Judgement Key Points

The identification of the property under the will is described in the legal document through references to the annexures attached to the application for probate. Specifically, the property is shown in Annexures A and B, which are associated with the application filed by the respondent for the grant of probate (!) .

Furthermore, the will itself mentions the description of the property, which is intended to include the house and other assets that were to be disposed of as per the testator's instructions (!) .

In summary, the property is identified through the detailed descriptions provided in the annexures accompanying the probate application, and the will references these descriptions to specify the assets involved.


ORDER

A.R. Tiwari, J.

1. This appeal, filed under Section 299 of the Indian Succession Act, 1925 (for short 'Act'), is directed against the order dated 27th October, 1989, delivered by the Vth Addl. Judge to the Court of the District Judge, Indore in Probate Case No. 67/78, thereby granting Probate of the WILL dated 3rd November, 1974, alleged to be executed by late Mahadeo Paranjape in favour of his daughter-in-law Shrimati Suman, wife of his son Anant.

2. The factual matrix lies in a narrow compass. The Respondent No. 1 (Smt. Suman) filed an application on 8-8-1978 for grant of probate of the will dated 3-11-1974. The testator died on 5-1-1975 at Indore. He was survived by six sons and four daughters. This will is said to be attested by Dinkar (PW-1), the husband of his daughter Smt. Vimal, resident of Dewas and Udaya (PW-2), the husband of his another daughter Smt. Udita, resident of Indore. The description of the property was shown in Annexures-A and B, attached to the aforesaid application. The appellant objected to the grant of probate and denounced the will as forged. It was contended that the testator had lacked the requisite testamentary capacity and had not possessed sound d


































































































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