Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Succession Act 1925 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Succession Act, 1925 - ss. 263 and 283 - Probate proceedings - Impleadment of purchaser of property belonging to testator as a necessary party - Entitlement of - Held: Transferee of property during pendency of proceedings is not a necessary party - Citation are necessary to be made to only of those who, claim through or under the Will or deny or dispute execution thereof - On facts, purchaser and! or his predecessor, of the property forming subject matter of Will, took risk of the result of the probate proceedings before purchasing properties, as such is not a necessary party - Thus, purchaser not entitled to be impleaded in the probate proceedings.HB executed a Will on 09.09.1997. Respondent-HB's daughters filed application for grant of probate. Sons of HB filed objections thereto. Son RK submitted another Will of HB, allegedly executed on 30.10.1997. RK executed sale deeds in favour of AP with regard to the properties forming subject matter of grant under the Will. Neither probate nor objection from other legal heirs was obtained in respect of Will dated 30.10.1997. AP entered into sale agreement in respect of the properties. Appellant, successor of AP filed application for impleadment in the probate proceedings. Application was allowed. However, High Court set aside the order. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1021 |
Petitioner | Sunil Gupta |
Respondent | Kiran Girhotra And Ors. |
SCR | [2007] 10 S.C.R. 827 |
Judgement Date | 2007-10-09 |
Case Number | 4729 |
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