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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Upendra Kumar Mohapatra – Appellant
Versus
Pradip Kumar Mohapatra – Respondent
JUDGMENT :
B.P. Routray, J.
1. Present appeal is directed against the order of dismissal passed in Probate Proceeding.
2. The Appellants being the plaintiffs filed Test Case No.16/2006 before the Court of learned District Judge, Khurda at Bhubaneswar praying for Probate of Registered Will No.101 dated 9th November 2004 executed in their favour by their grandfather, late Abhiram Moharapatra. Respondent No.2 to 4 are the daughters of Abhiram Mohapatra and Respondent No.1 is his only son. Plaintiffs are the sons of Respondent No.1. Abhiram Mohapatra died on 2nd May 2005. According to the plaintiffs, late Abhiram Mohapatra bequeathed his entire 1/4th share, which was determined falling in his favour as per the decree passed in partition suit in O.S.No.24/13 of 1981/1979 between the four brothers – Abhiram, Parsuram, Abakash and Bijay Ram – sons of Hrusikesh Mohapatra, in favour of the plaintiffs-Appellants. The Probate Court, i.e. 2nd Addl. Senior Civil Judge, Bhubaneswar did not believe the contentions of the plaintiffs and accordingly refused to Probate the Will in their favour. Said impugned judgment of 2nd Addl. Senior Civil Judge is under challenge in the present appeal.
3. Before del
The jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
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 Additional District Judge in Assam can issue probate, functioning as a division court of the District Judge; procedural compliance in probate proceedings is essential.
Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has bee....
No petition for probate filed under Section 276 of the Act. In the absence of any such petition, the court below cannot invoke the provisions under Section 295 of the Act.
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 ....
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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