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ARINDAM LODH
Prashanta Laskar – Appellant
Versus
Debabrata Laskar – Respondent
JUDGMENT
Arindam Lodh, J. - Heard Mr. SC Das, learned counsel appearing on behalf of the applicants. None appears for the respondents despite receipt of notice.
1. This is an appeal filed under Section 299 of the Indian SUCCESSION ACT , 1925 read with Section 96 and Order XLI Rule 1 CPC against the judgment and order dated 13.12.2017 passed by the learned Additional District Judge, West Tripura, Sonamura in case No. T.S. (Probate) 01 of 2017.
2. The short question involves in this appeal is that the appellant herein filed an application for granting Probate Certificate in favour of him. The application had been admitted into the court of learned Additional District Judge, Sonamura. Summons were issued to the respondents. They appeared. Issues were framed. Evidences were recorded. Thereafter, having heard learned counsel appearing for the parties, the learned Additional District Judge, Sonamura, dismissed the application on the sole ground that the Additional District Judge has no jurisdiction to grant Probate Certificate and the jurisdiction only lies with the District Judge of the said District.
3. When the judgment was passed, the court of Additional District Judge, Sonamura was wi
The Additional District Judge possesses equivalent powers to a District Judge in judicial matters, including granting Probate Certificates, as per the Indian Constitution.
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....
The jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
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....
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....
Important Point : The High Court can grant Letters of Administration only if the deceased had a fixed place of abode or property within its jurisdiction, despite concurrent jurisdiction provisions.
The jurisdiction for probate applications lies where the testator last resided, irrespective of the location of their property, underscoring the importance of residence in jurisdictional determinatio....
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