(1) SA. 142.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 142 OF 2010 Maroti S/o Nalgonda Chintale and anr. .. Appellants VERSUS Mallabai w/o Venkati Shirgire and others .. Respondents AND CIVIL APPLICAITON NO. 2461 OF 2010 IN SECOND APPEAL NO. 142 OF 2010 Maroti S/o Malgonda Chintale and anr. .. Applicants VERSUS Mallabai w/o Venkati Shirgire & ors. .. Respondents Mr.P.R. Katneshwarkar, Advocate h/f.Mr.S.B. Talekar, Advocate for the appellants/applicants ... CORAM : A.V. NIRGUDE, J. DATED : 25TH FEBRUARY, 2010 ORAL ORDER:- 1] The Second Appeal is filed against the concurrent findings that the respondents, the sisters of the appellant, were entitled to partition of the ancestral property which is under control of the appellants. The appellant took up a stand that the ancestral property consist of two parts: one (2) SA. 142.2010 represented his uncle's share who died without issues and the other represented his father's share. The Courts below held that the father's share should be partitioned between the parties to the suit. As regards the share of the uncle, the appellant's case that his uncle bequeathed his share to him, by an oral will was obviously rejected by the Courts below. 2] The Courts below rightly held that the alleged will could not have been proved in view of the provisions of section 63 of the Indian Succession Act, 1925. Having regard to the law laid down by section 63, every ordinary testator like the uncle of the appellant, ought to have executed his will in writing and ought to have signed it in presence of two or more witnesses. In absence of this, the theory of will was rightly rejected and in view of this, there is no substantial question of law involved in this Appeal. The Second Appeal stands dismissed. Consequently, Civil Application no.2461 of 2010 seeking stay also stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp