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1 - 5 of 5 (0.19 seconds)Ishwardeo Narain Singh vs Sm. Kamta Devi And Ors. on 25 February, 1953
21. Reliance has been placed by Mr Bhatt on a decision of this Court in Ishwardeo Narain Singh v. Kamta Devi1 wherein, inter alia, it was held: (AIR p.281, para 2)
2. The Court of Probate is only concerned with the question as to whether the document put forward as the last will and testament of a deceased person was duly executed and attested in accordance with law and whether at the time of such execution the testator had sound disposing mind. The question whether a particular bequest is good or bad is not within the purview of the Probate Court.
Chiranjilal Shrilal Goenka (Deceased) ... vs Jasjit Singh And Ors on 18 March, 1993
In Chiranjilal Shrilal Goenka v. Jasjit Singh whereupon again Mr Bhatt relied upon, this Court held: (SCC pp.519-20, para 20)
20. On a conspectus of the above legal scenario we conclude that the Probate Court has been conferred with exclusive jurisdiction to grant probate of the will of the deceased annexed to the petition (suit); on grant or refusal thereof, it has to preserve the original will produced before it. The grant of probate is final subject to appeal, if any, or revocation if made in terms of the provisions of the Succession Act. It is a judgment in rem and conclusive and binds not only the parties but also the entire world. The award deprives the parties of statutory right of appeal provided under Section 299. Thus the necessary conclusion is that the Probate Court alone has exclusive jurisdiction and the civil court on original side or the arbitrator does not get jurisdiction, even if consented to by the parties, to adjudicate upon the proof or validity of the will propounded by the executrix, the applicant. It is already seen that the executrix was nominated expressly in the will and is a legal representative entitled to represent the estate of the deceased but the heirs cannot get any probate before the Probate Court. They are entitled only to resist the claim of the executrix of the execution and genuineness of the will. The grant of probate gives the executrix the right to represent the estate of the deceased, the subject-matter in other proceedings. We make it clear that our exposition of law is only for the purpose of finding the jurisdiction of the arbitrator and not an expression of opinion on merits in the probate suit.
Krishna Kumar Birla vs Rajendra Singh Lodha & Ors on 31 March, 2008
16.The same view was reiterated in Krishna Kumar Birla v. Rajendra Singh Lodha reported in (2008) 4 SCC 300, wherein the Supreme Court has held that any person claiming any interest adverse to the testatrix interest cannot maintain any application before the Probate court.
Section 263 in The Indian Succession Act, 1925 [Entire Act]
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