1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Second Appeal NO. 43 OF 2011 Dayaram s/o Laxmanrao Karmore ...Versus... Sau. Anjanabai Vitthalrao Parbar Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. V.P. Panpalia Advocate for the appellant. Mr. V.D. Darwe Advocate for Res. …. CORAM : A.B. CHAUDHARI, J. DATED : 29.03.2011. Learned counsel for the appellant vehemently argued that the Adoption-Deed (Ex.61) by which the appellant was adopted as a son by Laxmanrao had been a declaration in the nature of Will that the suit property would stand bequeathed in favour of the appellant. According to the learned counsel the said Adoption-Deed is liable to be treated not only as Adoption-Deed but also a Will- the last desire of Laxmanrao. According to him, this is the question of law that arises for consideration in this appeal. 2. Mr.Panpaliya also argued that the property was self-acquired property of Laxmanrao. But having gone through the evidence and the findings recorded by the 2 courts below it is found that there is a clear finding and evidence that the property was not self-acquired property of Laxmanrao. Whether the property was self-acquired or ancestral property is a question of fact and cannot be gone into second appeal. 3. Insofar as the contention that the Adoption-Deed should also be read as a Will- last desire of Laxmanrao, I find that the said submission is equally misconceived. The document of registered Adoption-Deed was a document for adopting appellant as an adopted son and by no logic the document of Adoption-Deed can be stretched to mean that the same could be related to as last desire of Laxmanrao or Will as contemplated by law. A Will is an independent document to be proved in accordance with the provisions of Evidence Act and the ingredients of the Will are required to be satisfied independently in accordance with law. It is not possible for me to accept the submission that the document of Adoption-Deed (Ex.61) should also be read as Will. In the result, I find no merit in the present appeal. Second Appeal No. 43 of 2011 is dismissed. Judge /TA/