Delhi vs Sh. Asha Ram S/O Late Sh Bhola Ram on 18 July, 2012
27. The plaintiff has proved the judgment of probate Ex. PW1/X. The
aforesaid judgment is conclusive with respect to proof of Will of
deceased Sobha Ram in favour of plaintiff. However, the law relied upon
16 CS No 192/12
by the counsel for defendant as laid in DDA vs. Dr. K.K. Srivastava
109(2004) DLT 8498 and in Kanwarjit Singh Dhillon vs. Hardayal
Singh Dhillon, JT 2007 (13)SC 50, clearly hold that the probate court
cannot give any declaration of title of the properties as mentioned in the
Will. The probate court also cannot decide that the deceased had valid
title to the properties as mentioned in the Will.