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Documents citing Adwaita Chandra Mondal And Ors. vs Krishnadhan Sarkar on 23 May, 1917

Durgapada Bera vs Atul Chandra Bera And Ors. on 4 June, 1937

10. An effective answer to Mr. Bose's argument is furnished by the decision of this Court in the ease in Adwaita Chandra Mondal v. Krishnadhan Sarkar AIR 1918 Cal 1035, to which I drew his attention during argument. That was a case exactly in point except that instead of being an application for Letters of Administration with the will annexed, the application was for probate. This however would not make any difference in principle. In this case the application was opposed by the objectors on the ground that the will was not genuine, and secondly that there was no estate left to be administered. On the first point it was held on the evidence that the will was genuine and that finding was not attacked.
Calcutta High Court Cites 12 - Cited by 5 - Full Document

Order vs . on 15 March, 2010

Counsel for petitioner cited case laws Adwait Ch. Mondal vs. Krishnadhone Sarkar Vol. XXL Calcutta Weekly Notes 1179 and argued that court has to grant relief once the Will is proved and it cannot go into such question of title. However this case can be distinguished from the facts and circumstances of the present case. In this case before Calcutta High Court, the relief was granted as there was nothing on record to show that any statutory title had been acquired by the propounder and court without expressing any opinion how the interest of other parties shall be affected by the probate, granted the relief. The circumstances of this case are different from the present case so this case law is not applicable. Here in the present case, not only the 3 statutory title was passed over in favour of petitioner by the deceased by executing gift deed but also he sold the same to the respondents subsequently through the sale deed. Thus if the relief is granted to the petitioner then certainly the right of the respondents would be affected. Accordingly while relying upon the decision given by Delhi High Court in Surender Patrick Lall's case, this court was justified in looking into the aspect of title of the deceased qua the property to the limited extent while rejecting the claim of the petitioner so far first/terrace floor of the property is concerned.
Delhi District Court Cites 8 - Cited by 0 - Full Document
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