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MANISH PITALE
Cecilia Reynold D’souza – Appellant
Versus
Ruby Cyril D’souza – Respondent
ORDER:
1. The instant application is filed on behalf of the defendants for adding an additional issue in this suit, which is pending at the stage of final hearing. An interesting question has arisen with regard to jurisdiction of the Testamentary Court considering a prayer for grant of Letters of Administration with Will annexed in the context of sections 67 and 255 of the Indian Succession Act, 1925 (hereinafter referred to as the Succession Act).
2. This proceeding was initially filed as a petition for grant of Letters of Administration with Will annexed. The original petitioner, being the sole beneficiary of the subject Will dated 16th April, 1994, executed by his father, filed the aforesaid petition. The four sisters of the petitioner, being the daughters of the deceased, filed caveats and opposed the prayer made in the petition, as a consequence of which, the petition stood converted into the instant suit.
3. By an order dated 30th March, 2015, this Court framed six issues for determination, which pertained to various aspects of the validity of the said Will. During the pendency of the proceedings, the petitioner / plaintiff died and his legal representatives i.e. the present pla
The Testamentary Court's jurisdiction is limited to determining the validity of the Will, including its execution, attestation, and the testator's state of mind.
Important Point : The High Court can grant Letters of Administration only if the deceased had a fixed place of abode or property within its jurisdiction, despite concurrent jurisdiction provisions.
Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.
The main legal point established in the judgment is that the applicability of the bar under Section 71 of the Indian Succession Act, 1925 cannot be decided as an issue of law only, and evidence would....
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