NDLI: Ravinder Nath Agarwal Vs. Yogender Nath Agarwal & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer Petition – Testamentary proceedings were initiated much after the partition suit
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Transfer Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Transfer Petition – Testamentary proceedings were initiated much after the partition suit – Two transfer petitions filed seeking transfer of partition suit from Delhi to Nainital, Uttarakhand and of testamentary case from Uttarakhand to Delhi – Held: Petitioner was convinced that there was no bar for him to establish his right as a legatee under the will, even without first obtaining letters of administration – Hence, his subsequent act of filing a testamentary case before High Court of Uttarakhand is nothing but a ruse to take advantage of the general proposition of law that probate proceedings are proceedings in rem and should have primacy – No ground made out to transfer the partition suit to District Court, Nainital – Second transfer petition seeks transfer of the testamentary case pending in the High Court of Uttarakhand to the District Court, Saket, Delhi – Since the Will set up by the petitioner covers properties located both in Nainital and Delhi, both these courts have concurrent jurisdiction – But in view of proviso (b) to s.273, letters of administration granted by a District Court cannot have validity in respect of a property located outside the State, if its value exceeds Rs. 10,000/- –To resolve this, testamentary case is transferred to the High Court of Delhi and the partition suit is transferred from the District Court, Saket, Delhi to the High Court of Delhi – Indian Succession Act, 1925 – ss.57-191, 217-369 .Indian Succession Act, 1925: ss.57, 264(2) – Held: Bar u/s.264(2) has no application to cases, to which s.57 applies a Will, is applicable only to Wills made by a Hindu, Buddhist, Sikh or Jain within the local limits of the ordinary original civil jurisdiction of certain High Courts and to Wills made outside those territories, to the extent they cover immovable property situate within those territories.s.212, 213 – Applicability of – Discussed. ss.57, 212, 213, 264 – Held: By virtue of s.213(2)(i) r/w s.57(a), (b), the mandatory requirement to seek probate or letters of administration for establishing a right as executor or legatee under
Judge	Hon'ble Mr. Justice V. Ramasubramanian
Neutral Citation	2021 INSC 86
Petitioner	Ravinder Nath Agarwal
Respondent	Yogender Nath Agarwal & Ors.
SCR	[2021] 3 S.C.R. 881
Judgement Date	2021-02-12
Case Number	970

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