1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 342 OF 2006 Smt. Godabai wd/o Mahadeorao Shirsat vs. Gumphabai Manikrao Dudhe Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 22, 2008. Heard Shri Ghate, Advocate for the appellant – original defendant. The challenge is to the reversing judgment delivered by the lower appellate Court. The present respondent, on the basis of Will executed by the original owner Mahadeo in favour of his late son Khushal, filed a suit for recovery of possession and for permanent injunction. The suit was against real daughter of deceased Mahadeo. The suit was dismissed as trial Court did not accept the Will executed by Mahadeo. In appeal, carried out by the respondent, Will executed by Mahadeo has been accepted and therefore suit filed by the respondent came to be decreed. In present Second Appeal, only contention 2 before me is Mahadeo being the holder of ancestral property and present appellant being his daughter, in view of provisions of Section 8 of Hindu Succession Act, could not have executed any Will disposing of said ancestral property in favour of any third person except present appellant – daughter. The contention is misconceived. Mahadeo is admittedly sole holder of ancestral property at the relevant time and as such he was entitled to dispose of the property even as per provisions of Section 30 of Hindu Succession Act. Therefore, no substantial question of law arises in this Second Appeal. It is dismissed. No order as to costs. JUDGE *GS.