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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Ashok Kumar Singh – Appellant
Versus
Mamta Devi, wife of Bibhakar Choudhary – Respondent
| Table of Content |
|---|
| 1. setting aside order under article 227 (Para 2) |
| 2. claims regarding probate and khas mahal property (Para 3) |
| 3. opposition arguments regarding will examination (Para 4 , 5) |
| 4. necessary parties and conversion of probate case (Para 6 , 7) |
| 5. order allowing petition under order i rule 10 (Para 8 , 9) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioners and learned counsel appearing for the sole opposite party.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 08.09.2023 passed by learned Additional Judicial Commissioner-XV in Misc. Civil Appl. No.16/2022 arising out of Probate Case No.77/2013 wherein the petition filed by the petitioners under Order I Rule 10 read with Section 151 of Code of Civil Procedure has been rejected by the learned Court.
3. Learned counsel appearing for the petitioners submits that the sole opposite party herein instituted a Probate Case No.77 of 2013 for probating an alleged will dated 31.12.2010 said to have been executed by Guru Govind Singh, deceased father of the present petitioners. He submits that during the pendency of the said probate case
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.
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.
(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 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.
Probate courts are limited to assessing the genuineness of wills and cannot determine issues of property title or rights of intervenors.
Ownership of leasehold land requires adherence to laws regarding mutation and cannot be unilaterally terminated without due process.
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