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HIGH COURT OF BOMBAY
V. G. BISHT, J
Kantilal S/o Chhotalal Patel (Dead) – Appellant
Versus
Madhuben W/o Kanubhai Patel – Respondent
| Table of Content |
|---|
| 1. appeal challenges probate application by deceased's daughters. (Para 1 , 2 , 3) |
| 2. appellants contest ownership and execution of will. (Para 4 , 5) |
| 3. discussion on probate court's jurisdiction over title issues. (Para 7 , 8) |
| 4. detailed scrutiny of evidence regarding the will. (Para 9 , 10) |
| 5. key legal questions framed for court consideration. (Para 11 , 12) |
| 6. requirement of attesting witnesses for verifying will execution. (Para 14 , 16 , 21) |
| 7. decision rendered against the probate application. (Para 27 , 29) |
1. This First Appeal is directed against the Judgment and order dated 16/04/2005 passed by the Civil Judge, Senior Division, Khamgaon in Probate Case No.7/1993. The petition for probate was preferred by respondent Nos.1 and 2, who are daughters, applying for probate in respect of Will dated 22/10/1991 executed by their father Chhotalal Patel, who died on 13/05/1992 at Khamgaon, whereunder various movable and immovable properties, as per Schedule-A, B and C, annexed to the probate petition, have been bequeathed in their favour.
2. According to respondent Nos.1 and 2, all the abovesaid movable and immovable properties were owned by their father as owner
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