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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Meena Devi, Wife Of Kamlesh Singh – Appellant
Versus
Gita Devi, Wife Of Sudarshan Singh – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Prabhat Kumar Sinha, learned counsel for the petitioner, Mr. Bharat Kumar, learned counsel for opposite party no.1 and Mr. Dilip Kumar Chakraverty, learned counsel for opposite party nos. 2 to 4.
2. This petition has been filed under Article 227 of the Constitution of India praying therein to quash the order dated 04.09.2023 passed by the learned Principal District Judge, Hazaribag in Probate Case No.02/2022, whereby, he has been pleased to allow the application filed by the interveners/opposite party nos. 2 to 4 under Order I Rule 10(2) read with Section 151 of the CPC for adding them party to the said probate case.
3. Mr. Prabhat Kumar Sinha, learned counsel for the petitioner submits that the petitioner has instituted an application for grant of probate certificate under Section 276 of the Indian Succession Act, 1925 for the properties which were received by her from Matishwari Devi, wife of late Vidha Singh, who executed a will on 17.12.2017 for the properties which were acquired by her in terms of registered deed of sale no.315 of 1946 from Nandkeshwari Kumari, wife of Ayodhya Singh. He submits that the testator remained in absolute ow
The court affirmed that in probate proceedings, only the genuineness of the will is examined, and intervention is permitted to ensure all relevant parties are included for effective adjudication.
Probate courts are limited to assessing the genuineness of wills and cannot determine issues of property title or rights of intervenors.
The probate court's jurisdiction is limited to determining the genuineness and validity of the will, and it does not extend to deciding the title of the property mentioned in the will.
(1) Rights under Will by an executor or legatee cannot be established unless probate or letters of administration are obtained.(2) Everybody cannot lodge caveat – Caveator must have some interest in ....
In probate proceedings, a third party with a tangible interest may be permitted to join, as long as it does not prejudice existing parties, emphasizing the court's limited jurisdiction to the authent....
The main legal point established in the judgment is the limited jurisdiction of the Probate Court to consider the genuineness of the Will and its inability to decide questions of title.
In probate proceedings, when disputes arise over property claims, the interests of necessary parties must be considered, and contentious issues may necessitate conversion of the case into a suit.
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