HYDERABAD: The Telangana High Court has dismissed a petition filed by Dr Prabhuji Patange, seeking declaration of ownership, possession, and mesne profits in respect of a residential property at Feelkhana, Hyderabad. The bench held that the appellant failed to establish the genuineness of the Will on which his claim was founded and found no grounds to interfere with the trial court’s judgment.
Dr Patange claimed exclusive ownership of the property based on an unregistered Will allegedly executed by his father, late Krishnaji Patange, on July 10, 1964. According to him, the Will granted a life interest in the property to his mother and vested absolute ownership in him after her demise. He contended that his sisters, who occupied portions of the property, refused to vacate despite having no ownership rights.
The respondents disputed the Will, alleging it was a fabricated document. They argued that the suit was filed decades after their father’s death and was barred by limitation. They also questioned the circumstances surrounding the discovery and authenticity of the Will.
The bench observed that the burden of proving the Will rested entirely on the plaintiff. While the attesting witnesses were no longer alive, the appellant failed to adequately prove the signatures of either the testator or the attesting witnesses as required under Sections 68 and 69 of the Indian Evidence Act. The court noted that no handwriting expert opinion was sought, no contemporaneous documents containing the father’s signatures were produced, and the legal heirs of other attesting witnesses were not examined.
