T. CHATTERJEE, J.

( 1 ) A question of very great importance has been raised by Mr. Samanta, a learned Advocate of this court on this petition under Article 227 of the Constitution of India. The question is whether a District Delegate under section 276 of the Indian succession Act, 1925 (hereinafter referred to as the Act) can entertain an application for grant of probate of a will in respect of the immoveable property valued at more than Rs. 10,000 of a deceased which is situated outside the limit of this State although moveable assets of the deceased are within its local limit. In order to answer this question, only the facts which are relevant for our purpose are narrated below: an application for grant of probate of a will relating to the estate of one Mohan Lal Lalchad Shah alias M. L. Shah since deceased was made before the District Delegate, 24 Parganas (South) by the petitioner who claimed to have acquired the assets of the deceased on the basis of the will.

( 2 ) ACCORDING to the petitioner, the deceased died on l5th of December, 1981 at his residence at 5/2 Beltola Road, Calcutta - 700026 on 15th December, 1981, which was his fixed abode. In the application for grant of

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