Advocates:
C.L.SAHU, C.V.SUBBA RAO, E.C.AGARWAL, K.SWAMY, MOHINDER S.RUPAL, P.CHAUDHARY, P.PARMESHVARAN, PRAMOD AGARWAL, R.C.BHALLA, SATISH CHANDRA AGRAWAL, SYED AKHTAR, V.R.REDDY

Certainly. Based on the provided legal document, here are the key points:

1. Jurisdiction of Probate Court: The probate court has exclusive jurisdiction to grant or refuse probate of a will. Once probate is granted, it is conclusive, binding the entire world, and operates as a judgment in rem. The probate process is a specialized statutory procedure, and other courts or tribunals, including arbitrators, do not have jurisdiction to decide issues related to the validity or genuineness of the will (!) (!) .

2. Legal Representatives: A legal representative includes not only heirs but also persons who intermeddle with the estate of the deceased in law. The estate devolves on the legal heirs or the person appointed as the executor of the will, who acts as the legal representative for all purposes (!) (!) .

3. Representation in Proceedings: When a party sues or is sued in a representative capacity, the person on whom the estate devolves is considered the legal representative. This includes persons who legally represent the estate of the deceased, such as executors or administrators (!) (!) .

4. Inheritance and Succession: Inheritance is a legal continuation of personality, and the rights and obligations of the deceased are represented by legal heirs or executors. The law provides a hierarchy of heirs based on statutory provisions, and these heirs succeed to the estate as per law (!) .

5. Scope of Arbitrator’s Jurisdiction: An arbitrator appointed to settle disputes regarding the estate or the validity of the will cannot decide issues that are within the exclusive jurisdiction of the probate court. The arbitrator's authority is limited to resolving disputes that do not impinge upon the statutory jurisdiction of the probate court (!) (!) .

6. Consent and Jurisdiction: Even if parties consent to arbitration, this does not confer jurisdiction on an arbitrator or a civil court to decide issues that are statutorily within the jurisdiction of the probate court. Consent cannot override the statutory exclusivity of probate proceedings (!) .

7. Legal Effect of Probate: Probate is a conclusive, final determination of the validity of a will, and it binds all parties and the entire world. It can only be challenged or revoked through proper legal proceedings initiated in the probate court (!) .

8. Procedure for Probate: The procedure for obtaining probate involves filing a detailed application with the will annexed, which must be verified and supported by witnesses. The grant of probate is a formal process, and the court's decision is final unless revoked (!) (!) .

9. Implication of Arbitrary Proceedings: Proceedings or awards made outside the jurisdiction of the probate court, especially regarding the validity of a will, are invalid. Arbitrators or civil courts cannot decide on the validity of a will or related issues that require the probate court's exclusive jurisdiction (!) (!) .

10. Direction for Pending Proceedings: When disputes involve issues within the exclusive jurisdiction of the probate court, the appropriate course is to refer the matter back to the probate court for adjudication. Arbitrators or other courts should defer to the probate court's authority and await its decision (!) .

In summary, the legal framework emphasizes the exclusive jurisdiction of the probate court over matters related to the validity and genuineness of a will, and arbitration or civil proceedings cannot usurp this jurisdiction. Parties and courts must respect the statutory process and the finality of probate orders.