Summary: Two brothers, Deepak and Vijay Shivram Patare, fought over their grandmother’s will. The court sided with Vijay, saying Deepak didn’t have enough proof for his claim.
Deepak and Vijay Shivram Patare are brothers from Karegaon. The story revolves around their grandmother, Anjanabai, who owned some land. She passed away in 2005, and this kicked off the battle over her will.
The main issue was about two wills. Deepak claimed Anjanabai wrote a will in his favor on December 22, 2004. But Vijay had a different will dated February 17, 2005, which was in his favor. The court had already given Vijay the legal approval for this will.
"The controversy in the appeal is about two Will-deeds," the court noted.
Deepak’s lawyer, Mr. Sk. Mazhar Jahagirdar, argued that since his will was older, it should be considered valid. He also said he wasn’t included in the initial legal proceedings, which he thought was unfair.
Vijay’s lawyer, Mr. Vishnu Patil, argued that the court's earlier decision was correct. He pointed out that the proper steps were followed when Vijay got the approval for his will.
Judge Ajit B. Kadethankar examined the evidence. Deepak didn’t have the original will from 2004, only a copy. The court needed original documents or valid reasons for using copies. Deepak failed to prove why he couldn’t produce the original.
"The appellant absolutely did not comply with the necessary steps under Section 68 of the Indian Evidence Act to prove the will deed," the judgment stated.
Vijay had the original will from 2005 and even brought witnesses to support his case. The court found no reason to cancel the approval given to Vijay.
The court dismissed Deepak’s appeal, siding with Vijay. Judge Kadethankar concluded there was no reason to change the earlier decision.
"The appeal stands dismissed. No order as to costs."
In the end, the case highlights how crucial it is to have strong, original evidence in legal battles, especially when it comes to wills and inheritance.
