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ARUN KUMAR JHA
Ashutosh Kumar Mishra @ Ashutosh Mishra – Appellant
Versus
Bimla Devi – Respondent
Arun Kumar Jha, J. – The petitioner has challenged the order dated 18.03.2019 passed by the learned 4th Additional District Judge, Bhojpur at Ara in Misc. Appeal No. 01/2017 whereby and whereunder the petition dated 31.01.2018 filed by the petitioner challenging the maintainability of the appeal in the court of learned Additional District Judge has been dismissed.
2. Brief facts of the case, as it appears from the record, are that the petitioner filed Probate/Letters of Administration Case No. 76/2006 in the court of learned Sub Judge-1, Ara. In the said case, the petitioner submitted that the father of the petitioner, namely Udho Mishra had two sons, namely Adityadeo Mishra and Ashutosh Kumar Mishra (the petitioner herein) and one daughter, namely Madhuri Mishra. The daughter of Udho Mishra was married with one Satish Kumar Tripathi, who was the only son of his father, namely Tirth Raj Tripathi. Satish Kumar Tripathi died issue-less in 1979 and from the side of her husband, Madhuri Mishra had no legal heir. The said sister of the petitioner executed a registered Will on 10.10.2006 in respect of all her properties in favour of the petitioner. The testatrix died on 10.11.2006 and Shr
The jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has bee....
Not every order made by a District Judge in probate proceedings is appealable under Section 299 of the Succession Act, especially if the order is not made by virtue of the powers conferred by the Act....
The Additional District Judge possesses equivalent powers to a District Judge in judicial matters, including granting Probate Certificates, as per the Indian Constitution.
The main legal point established in the judgment is that the District Court has jurisdiction to grant and revoke probate and letters of administration in cases specifically covered under Section 57(c....
The High Court's jurisdiction to grant probate is limited to cases where properties are outside the exclusive jurisdiction of the City Civil Court, and citation under Section 283(3) is unnecessary if....
The Additional District Judge in Assam can issue probate, functioning as a division court of the District Judge; procedural compliance in probate proceedings is essential.
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