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ARUN KUMAR JHA
Gurudeo Sharan Tiwari – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J. – Heard learned counsel for the petitioner as well as learned counsel for the respondents on the point of admission and I intend to dispose of the present petition at the stage of admission itself.
2. The petitioner has filed the instant petition under Article 227 of the Constitution of India for setting aside the order dated 16.05.2017 passed by the learned Additional District Judge-VIII, Gopalganj in Probate Case No. 9 of 2016 whereby and whereunder the learned Additional District Judge-VIII, Gopalganj rejected the petition dated 17.09.2016 filed on behalf of the petitioner for amendment in the schedule of the plaint of the probate case.
3. Learned counsel for the petitioner submits that petitioner is the legatee of a Will executed by Payahari Sharan Tiwari which is a registered Will. The said Will is an open deed and does not contain any schedule of the properties. After death of the testator, the petitioner filed Probate Case No. 9 of 2016 for grant of probate of the Will dated 09.05.2013 with the details of property in schedule of the petition and opposite party no.2 Narbdeshwar Nath Tiwari appeared and filed his written statement on 17.09.2016. After appearan
Probate can only be granted for the last Will; amendments introducing alternate Wills alter the original petition's nature and necessitate restarting proceedings.
The court affirmed that in probate proceedings, only the genuineness of the will is examined, and intervention is permitted to ensure all relevant parties are included for effective adjudication.
(1) Amendment of plaint – Courts should adopt a liberal approach in granting leave to amend pleadings, however, same cannot be in contravention of statutory boundaries placed on such power.(2) Will –....
Probate courts are limited to assessing the genuineness of wills and cannot determine issues of property title or rights of intervenors.
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