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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Amit Gupta – Appellant
Versus
Dinesh Chandra Gupta – Respondent
| Table of Content |
|---|
| 1. probate petition rejected pending civil suit alleging forged will. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. probate court jurisdiction under sec 295 to decide will validity. (Para 7) |
| 3. civil suit maintainable with probate proceedings. (Para 8) |
| 4. sec 295 and cpc allow consolidation of probate and suit. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. error dismissing prior probate; consolidate with challenging suit. (Para 15 , 16 , 17) |
| 6. appeal allowed; transfer and consolidate for joint decision. (Para 18 , 19 , 20) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been filed by the appellants under Section 299 of the Indian Succession Act, 1925 against the impugned judgment and order dated 21.07.2025 passed by the court of District Judge, Firozabad in Misc. Probate Petition No.2 of 2023 (Amit Gupta and another vs. Smt. Kalpana Gupta and others), whereby the petition seeking probate of registered Will dated 31.03.2022 executed by Indra Prakash Gupta has been rejected on the ground that regarding the same Will, Original Suit No.369 of 2025 (Dinesh Kumar Gupta and others vs. Amit Gupta and others) is pending in the court of Civil Judge (Senior Division), Firozabad, in which the issue wi
Probate petition cannot be rejected due to pending subsequent civil suit challenging will's validity; proceedings must be consolidated for joint trial by District Judge.
Point of law: The Succession Act is a self-contained code insofar as the question of making an application for probate, grant or refusal of probate or an appeal carried against the decision of the pr....
The jurisdiction of a Probate Court is limited to assessing the genuineness and execution of a Will; it cannot adjudicate rights or title to property.
The jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
The Probate Court cannot adjudicate on the title of the testator or the validity of a Deed of Settlement; it is limited to authenticating the Will.
The right to apply for probate is continuous and not strictly bound by a time limit, provided the execution and attestation of the will are established following legal requirements.
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