1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1523/2009 WITH CIVIL APPLICATION NO.4051/2009 Kishor Savliram Kungar Appellant Vs. Respondents 1. Smt.Indubai Balu Dagade & Ors. Mr.Anilkumar Patil for the appellant CORAM: MRS.MRIDULA BHATKAR,J. DATE : 12th JANUARY,2010 P.C. . This appeal is filed against the order passed by the Civil Judge, Senior Division, Malegaon dated 21/8/2009. The respondent-daughter had filed the petition for grant of probate under the Indian Succession Act ,1925 and the said application was allowed. Probate was issued regarding the Will dated 28/1/1993. Learned counsel appearing for the appellant has submitted that during the life time of deceased father he partitioned the landed property and gave shares to the appellant and other siblings . The father died on 29/7/1996 and he has purchased the property under the provisions of the Tenancy Act. The said property was never cultivated by his 2 father or it is not an ancestral property. Thus, this property is solely self acquired property of the deceased father and therefore he can dispose of the said property by Will. His children cannot have any share in the property and they cannot claim share in the life time of the deceased and could have claimed some share if the father died intestate. Learned Judge has discussed this aspect at length and has also considered the admission given by the respondent regarding the partition. This Court by order dated 7/11/2009 has made specific query to learned counsel of the appellant to convince the Court about partition of the land. Today learned counsel for the appellant has shown 7 x 12 extract with mutation by which the name of the appellant is entered into the 7 x 12 extract . However, the said name was entered not before 29/7/1996 i.e.prior to the date of death of the father, but it was entered in the year 1998-99 . The self acquired property cannot be converted into an ancestral property on the basis of the admission or so called partition . The petition is dismissed in limine. In view of the dismissal , civil application does not survive. 3 (MRS.MRIDULA BHATKAR,J.)