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BOMBAY HIGH COURT
S.V. Gangapurwala, J
Kantilal Chhotalal Patel and Others v. Madhuben W/o Kanubhai Patel and Others
| Table of Content |
|---|
| 1. facts regarding the probate petition and opposition. (Para 1 , 2 , 3 , 4) |
| 2. court's observations on the evidence and standards for proving a will. (Para 5 , 6 , 7 , 8 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 28) |
| 3. arguments regarding the evidence for will execution. (Para 9 , 10 , 11) |
| 4. legal reasoning and conclusion regarding the will's validity. (Para 26 , 27) |
| 5. final ruling of the appeal. (Para 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 and the same were bequeathed in their favour by registered Will dated 22/10/1991. The
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