Kanwarjit Singh Dhillon vs Hardyal Singh Dhillon And Ors on 12 October, 2007
46. Learned counsel for the Petitioner argued that the question of title cannot
be examined in probate proceedings. Relying upon Kanwarjeet Singh
Dhillon (supra) and other judgments, the learned counsel argued that the
grant of probate is only conclusive of validity of Will and the Court is not
competent to determine the question of title of suit property and therefore,
the Court should not go into the question whether the suit properties
bequeathed by the Will were HUF properties or self acquired properties of
the Testator. Learned counsel for the Objector, on the other hand, has argued
that the suit property and the Hauz Khas property were HUF properties and
the Testator did not have the capacity to write a Will for the entire HUF
property. The learned counsel further argued that even though explanation
appended to Section 30 allows a Hindu Male to dispose of his interest in the
HUF property by a Will, however, under the Will in question, the bequest
has been made of the entire HUF properties which are contrary to Section 6
of the Hindu Succession Act 1956.