RUPRAO S/O. VISHWANATHRAO FATING Vs. SMT. PRABHAWATI WD/O. VASANTRAO FATING
LAWS(BOM)-2017-8-323
HIGH COURT OF BOMBAY
Decided on August 23,2017

Ruprao S/O. Vishwanathrao Fating Appellant
VERSUS
Smt. Prabhawati Wd/O. Vasantrao Fating Respondents

JUDGEMENT

S.B.SHUKRE,J. - (1.) Heard Shri Nitin Vyawahare, learned counsel for the appellant. Nobody appears on behalf of the legal heirs of the deceased respondents, although they are duly served on merits.
(2.) This is an appeal preferred against the judgment and order dated 14.11.2000, passed in Probate Case No.100/1995, by 4th Joint Civil Judge, Senior Division, Nagpur. The deceased respondent No.1 Vasant Vishwawanath Fating filed an application under section 276 of the Indian Succession Act, 1925 for grant of Probate in respect of a Will dated 30.11.1972, claimed by him to be executed in his favour by the owner of the property mentioned in the Will, deceased Vishwanath Fating. Deceased Vishwanath Fating was the father of the original applicant i.e. deceased respondent No.1 Vasant as well as of the other children, namely, Yeshwant, Ruprao and Prabhakar and Vasatlabai. It was the contention of the deceased Vasant that under Will dated 30.11.1972, which was registered one, the property mentioned in the Will was bequeathed to him and Yeshwant (respondent No.2) equally. Vishwanath died on 20.12.1975 and thereafter an attempt was made by the deceased Vasant to get the property which was the subject matter of the Will (hereinafter referred to as, "subject property"), mutated in his name in the record of the Nagpur Municipal Corporation. But, the application for mutation of the subject property in the name of deceased Vasant was rejected by the authorities of the Nagpur Municipal Corporation on 26.11.1976. Thereafter, about 19 years later, deceased Vasant filed an application for grant of Probate under section 276 of the Indian Succession Act. The other children of the deceased Vishwanath were joined as respondents parties and all of them resisted the claim of the deceased Vasant. Evidence was also led by the rival parties. On merits of the case, the Probate Court found that the Will was validly executed and proved in accordance with law before it and, therefore, by the impugned order it granted Probate in favour of deceased Vasant in respect of the subject property. Not being satisfied with the same, the other children, who are the appellants in this appeal preferred the present appeal.
(3.) After having heard Shri Nitin Vyawahare, learned counsel for the appellant. Ruprao s/o. Vishwanathrao Fating who has now been left as the sole appellant, after the original appellant No.2, Prabhakar sold his share in the property to the appellant No.1 Ruprao and name of appellant No.3 Smt. Vatsalabai was deleted from the array of appellants as per the order passed by this Court on 13.9.2002. I have gone through the record of the case including the impugned judgment and order.;


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