Back
IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, OM NARAYAN RAI
In The Goods Of: Prabir Chandra Sen, Deceased – Appellant
Versus
In The Matter Of: Dhruba Ghosh – Respondent
| Table of Content |
|---|
| 1. judgment details and context provided. (Para 1 , 3) |
| 2. appellant argues erroneous observations made regarding probate jurisdiction. (Para 2 , 4 , 6 , 8 , 9 , 16 , 18) |
| 3. court analyzes its jurisdiction to grant probate under updated laws. (Para 5 , 10 , 12 , 19 , 21 , 22) |
| 4. jurisdiction and powers under various provisions clarified. (Para 14 , 15 , 17 , 20 , 23 , 27 , 29) |
| 5. impugned order set aside and matter remanded. (Para 33 , 34 , 35) |
Judgment :
Arijit Banerjee, J.
1. This appeal is directed against a judgment and order dated January 16, 2025, passed in PLA 115 of 2023, being an application filed by the executor named in the last will and testament left behind by Prabir Chandra Sen who passed away on May 2,2020, seeking probate in respect of the said will.
2. The operative portion of the impugned judgement and order reads as follows:-
“21. In the aforesaid facts and circumstances, I hold that provisions of Section 283 (3) is mandatory in nature and is required to be complied with in the same manner as indicated in (3) of the Indian Succession Act, 1925 in case where this Court is exercising concurrent jurisdiction under Section 300 of the 1925 Act.
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....
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.
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 jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
(1) Revocation of Probate of Will – Grant of probate is a judgment in rem – If a party has caveatable interest in estate of deceased, it is entitled to be served before final order is passed.(2) Tran....
The main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
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....
Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.
No petition for probate filed under Section 276 of the Act. In the absence of any such petition, the court below cannot invoke the provisions under Section 295 of the Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
