The probate court's jurisdiction is limited to determining the genuineness and validity of the will, and it does not extend to deciding the title of the property mentioned in the will.

JUDGMENT :

Heard learned counsel for the parties.

2. This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India against the Order dated 24.09.2022 passed by learned Additional District Judge XXI, Patna in Probate Case no. 107 of 2018 by which he dismissed the petition dated 31.01.2022 filed on behalf of petitioner praying therein to implead him as intervenor opposite parties in the said probate case.

3. The respondents have instituted Probate Case no. 107 of 2018 for grant of probate of Will dated 26.10.1999 executed by Ram Rati Devi in their favour.

4. The petitioner filed an application on 31.01.2022 under Order 1 Rule 10 (2) of the Code of Civil Procedure praying therein that he may be permitted to intervene in the probate case. However, the same has been rejected by the learned court below.

5. The claim of the petitioner is that one of the Plot No. 830 of Khata No. 341 has been mentioned as property of the testator in the said Will in Schedule 1 of the probate petition which is the property of the petitioner/intervenor. It is claimed that the said Plot No. 830 was purchased by the father of the proposed intervenor from one Tulsi Singh, who was the owner of the said property and a decree of title has already been passed in favour of the father of the intervenor vide judgment and decree dated 24.06.2016 of the Court of learned Sub Judge VIII, Patna.

6. The petitioner/intervenor claimed ownership of the said land and accordingly prayed to implead him as a party in the said Probate Case. The said petition was objected by the probate petitioner that right, title and interest in the property is neither considered or decided in Probate Case rather only genuineness of the Will and due attestation of the Will is to be considered. Even if the claim of the petitioner is genuine, the same cannot be decided in this Probate Case. He has further submitted that there is no scope for deciding any dispute as regard title in probate proceeding.

7. Learned counsel for the petitioner submits that the learned court below failed to consider that Tulsi Singh one of the co-sharer, is the husband of Ram Rati Devi the testator, had already sold 12 decimal of Plot No. 830 in favour of the father of the petitioner namely Banaras Singh vide sale deed dated 17.06.1970 and delivered possession over the vended land, mutation was done, and rent receipts for paying rent to State of Bihar is being issued to him and his title has already been declared by the Sub Judge VIII, Patna in Title Suit No. 969 of 2012 vide judgment and decree dated 24.06.2016 and till date the same has not been set aside by any Court of Law. Further, it is submitted that the learned court below without any cogent reason rejected the petition of the petitioner who is the necessary party for proper adjudication of the case.

8. Learned counsel for the petitioner referred and relied on the judgments of this Court in Raj Kumar Prasad Vs. Bandana Kumar @ Soni reported in 2013 (2) PLJR 684, and Ekta Sahkari Giri Nirman Samiti Limited Patna Vs. The Estate of late Ram Parichan Singh reported in 2013 (1) PLJR 944 to show that the application of the petitioner therein to implead him as a party was allowed and the petitioner therein was added as a party in the probate proceeding. Learned counsel for the petitioner also referred and relied upon the judgment of Hon’ble Supreme Court in Narinder Singh Rao Vs Air Vice Marshal Mahinder Singh Rao and Ors. (2013) 9 Supreme Court Cases 425 on the point that if testator bequeathing property by Will in excess of her own share then Will has to be treated as bequeathing property only to the extent of share held by testator.

9. On the other hand, learned counsel for the respondents submits that the sale deed executed by the said Tulsi Singh is forged and fabricated document as such there is no title or right of Banarsi Singh over the said plot no. 830. It is further submitted that Ram Rati Devi executed a deed of Will da