Sandeep K. Shinde, J. - (1.) Heard learned Counsel for the parties. 1. Whether a Hindu woman who marries a Hindu man during the subsistence of his first marriage would be entitled to family pension under the Maharashtra Civil Services (Pension) Rules, 1982. 2. "Whether the family pension can be bequeathed by a Will and does it form part of the estate of the deceased ? are the substantial questions of law, arising for determination in this Second Appeal.
(2.) The facts giving rise to this appeal are as under : • Mahaling Ramchandra Patil died on 5th May, 2001 at Sangli and was a Primary Teacher in his lifetime. He opted for voluntary retirement. On 12th March, 2001 he executed a Will, registered it with the Sub-Registrar and bequeathed family pension to his wife, Kamla Mahalinga Patil, who is the appellant before this Court. The office of the Zilla Parishad, Sangli called upon the appellant to produce a Succession Certificate or a probate issued by the Court of competent jurisdiction.
(3.) An application under Section 276 of the Indian Succession Act was filed by the appellant being Probate Application No. 104 of 2001. The Probate Court framed the following five issues and answered it accordingly : "1. Does applicant proved that the Will executed by the testator is legal and valid ? 2. Does applicant proved that she is legally wedded wife of deceased testator Mahaling Ramchandra Patil ? 3. Is applicant entitled to grant of probate/letters of administration ? 4. Whether the respondent proved that, being the legally wedded wife, is she entitled to get succession certifiate as prayed ? 5. What relief and order ?;