Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Succession-Grant of probate |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Succession - Grant of probate - Maintainability of suit thereafter - On strength of a will probate granted with respect to properties left by testator - Suit for declaration that said properties were joint Hindu family properties - Civil court and High Court allowing preliminary objection that after grant of probate by competent probate court, suit was not maintainable - HELD: Functions of a probate court are to see that the will executed by the testator was actually executed by him in a sound disposing state of mind without coercion or undue influence and the same was duly attested - It was, therefore, not competent for probate court to determine whether the testator had or had not the authority to dispose of the suit properties which he purported to have bequeathed by his will - Probate court is also not competent to determine the question of title to the suit properties nor will it go into the question whether the suit properties bequeathed by Will were joint ancestral properties or acquired properties of the testator - Suit for declaration of title and injunction has been filed by the appellant inter alia on the allegations that suit properties are joint family properties of HUF - It has also been claimed by appellant in the suit that by utilizing income from ancestral agricultural land, various properties including suit properties were acquired - Such being the allegations made in the plaint which can only be decided on trial after parties are permitted to adduce evidence in respect of their respective claims, it is difficult to hold that only because probate of the Will has been granted, the suit for title and injunction must be held to be not maintainable in law - Judgments of the High Court as well as of the trial court are set aside - Trial court is directed to decide the suit after framing issues, including the issue of maintainability of suit after probate being granted, if not already framed in the meantime, and dispose of the same expeditiously. |
Judge | N/A |
Neutral Citation | 2007 INSC 1072 |
Petitioner | Kanwarjit Singh Dhillon |
Respondent | Hardyal Singh Dhillon And Ors. |
SCR | [2007] 11 S.C.R. 368 |
Judgement Date | 2007-10-12 |
Case Number | 4890 |
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