Indian Kanoon - Search engine for Indian Law

1. The fate of this Letters Patent Appeal is dependent on the answer to the question whether under the Will dated 2-12-1944 executed by Sitaram Sadashiv Bapat in respect of the immovable properties owned and held by him, his wife Bhagirathibai became the absolute owner or only got limited interest.

2. The testator Sitaram Sadashiv Bapat who died on 24-12-1944 during his life-time executed Will on 2-12-1944. As the principal question involved is in respect of the construction of said Clauses of Will, we deem it proper to reproduce the English translation of the relevant clauses of the said Will but before we do that we may note that the original Will executed by Sitaram Sadashiv Bapat is in Modi script. The Marathi version thereof was got duly registered from the District Registrar of Sangli which is on the file 'D' in the Special Civil Suit No. 39 of 1973. As there was some disagreement amongst the learned counsel for parties about the English translation of the said Will, by order dated 8-9-2001 we directed the Chief Translator and Interpreter of this Court to place on record true and exact English translation of the said Will. In compliance of the aforesaid direction, the Translator has placed before us English translation of the said Will which for the sake of convenience we marked "Y". English translation of paragraphs 1 to 8 of the said Will read thus:--