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1962 Supreme(Ker) 244

T.K.JOSEPH, P.GOVINDA NAIR
T. J. GEORGE – Appellant
Versus
LUCY KOCHUVAREED – Respondent


Judgment :-

1. The 16th counter-petitioner, in a proceeding initiated before the District Court, Trichur, by the respondent herein for the grant of a probate of a registered will dated 2 91958 said to have been executed by her late husband, T. V. Kochuvareed, is the appellant. The appellant, by means of an application dated 13th of August 1962, contended before the lower court that it had no jurisdiction to entertain the application for probate because properties worth more than Rs. 10,000/ -belonging to the estate of the deceased were situate outside the State of Kerala. It is admitted that item No. 3 of the A schedule to the Probate application is situate in the State of Madras and that the value of that item is over Rs. 10,000-The contention that was urged before the Court below was that in view of the proviso to S.273 of the Indian Succession Act, XXXIX of 1925, (hereinafter referred to as the Act), the District Court was incompetent to issue a probate in this case that will be effective throughout India, and, therefore, had no jurisdiction to entertain the application. The application, it is contended, should have been moved before the High Court, that Court being competent to


































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