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2015 Supreme(Guj) 974

V.M.PANCHOLI
Tusharbhai Natwarlal Patel – Appellant
Versus
Rakshit Natwarlal Patel – Respondent


Advocates Appeared:
For the Appellant : Mehul S. Shah and Rushabh R. Shah.
For the Respondent: V.S. Desai and Vinayak R. Raval.

Judgement Key Points

The legal document discusses the jurisdiction and procedural aspects related to filing testamentary petitions and obtaining probate of a Will. It clarifies that such petitions are primarily to be filed before the concerned District Courts, although the High Court may have concurrent jurisdiction. The document emphasizes that probate proceedings are proceedings in rem, conclusive of the validity of the Will, and are to be conducted by the Court with the appropriate jurisdiction, typically the District Court or the designated Court of original jurisdiction. It also highlights that objections or caveats raised by interested parties, such as heirs or those claiming interest in the estate, must establish a caveatable interest to be considered valid and relevant in the proceedings. The importance of proper procedure, including filing caveats and adhering to prescribed formalities, is underscored. Additionally, the document discusses the legal provisions governing jurisdiction, including statutory rules, procedural codes, and the powers conferred on various courts, including the High Court, District Courts, and Civil Judges, under relevant laws. Ultimately, the court concludes that testamentary proceedings should generally be initiated in the District Court, even when the High Court has concurrent jurisdiction, and that objections regarding jurisdiction can be raised and considered at appropriate stages. The case outcome involves transferring the ongoing proceedings to the appropriate District Court for proper adjudication.


JUDGMENT :

V.M. Pancholi, J.

1. Rule. Learned Advocate Mr. Vinayak R. Raval waives service of notice of rule for respondent. C.A. (O.J.) No. 669 of 2014 has been filed by the original petitioner with a prayer that opposition made by the objector may be discharged/discarded whereas C.A. (O.J.) No. 371 of 2015 has been filed by the objector with a prayer that Testamentary Petition No. 1 of 2014 be dismissed for want of jurisdiction of this Court and this Court may decide the issue of jurisdiction as preliminary issue in Testamentary Petition. No. 1 of 2014.

2. The issue raised in both the aforesaid applications are interconnected and therefore, the same are taken up for hearing together.

3.1. That the original petitioner-Rakshit Natwarlal Patel has filed Testamentary Petition No. 1 of 2014 invoking testamentary jurisdiction qua concurrent jurisdiction of this Court under Section 300(1) and Section 57(c) of the Succession Act, 1925. In the said petition, the petitioner has stated that Shri Natwarlal @ Natubhai Mathurbhai Patel (hereinafter referred to as the testator) executed, admitted to have executed, got registered his Will. Execution of the said Will is attested by three witnesses.

















































































































































































































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