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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
Shirishkumar Devchand Kapadia – Appellant
Versus
Pradeep J. Nabar – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed by the appellant – original applicant under Section 276 of the Indian SUCCESSION ACT , 1925 (hereinafter be referred to as “the Act”) challenging the impugned judgment and order dated 08.01.2008 passed by the learned Principal Senior Civil Judge, Surat (hereinafter be referred to as “the trial Court”) in Probation Application No. 75 of 2006 whereby the trial Court has rejected the application filed by the appellant.
2. Brief facts of the present case are that the appellant has filed probate application before the trial Court to obtain probate in respect of the last will and testament dated 24.03.2003 executed by one Dr. Jashwantlal Nanchand Shah in vernacular Gujarati language and registered in the office of Sub Registrar at Mumbai vide registration No. 2946/2003 on 29.03.2003. That Dr.Jashwantlal was the maternal uncle of the appellant who died on 27.05.2003 at Surat and his wife Ansuyaben died on 11.04.1997 at Surat. Out of the wedlock, they have no any child and they died without any child and there are sixteen legal heirs and nearest relatives mentioned in the last will and testament dated 24.03.2003. According to t
The jurisdiction for probate applications lies where the testator last resided, irrespective of the location of their property, underscoring the importance of residence in jurisdictional determinatio....
The High Court possesses jurisdiction to grant letters of administration under the Indian Succession Act but may decline to exercise this discretion based on appropriate jurisdictional considerations....
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 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 ....
(1) There is no prohibition for a person from producing, relying upon and claiming a right under a Will, in any proceeding instituted by others including other legal heirs for partition or other reli....
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 main legal point established in the judgment is the grant of probate under Section 276 of the Indian Succession Act, 1925, based on the uncontested nature of the Will and the no objection from al....
The jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
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....
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