GORDON FREDERIC MUIRHEAD AND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The question which is referred to us for decision is whether or not this Court has jurisdiction to grant probate and/or letters of administration in respect of an estate, the whole of which is within the State of Mysore. The answer to this question, from whatever point of view it may be considered, can only be in the affirmative. If we take into consideration the existing provisions of the Indian Succession Act, which came into force in the State of Mysore on the 1st of April. 1951, we find that the High Court has concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by the said Act upon the District Judge, at least, in the matter of granting probate and/or letters of administration. Section 300 of the said Act makes this position clear. It reads as follows:-

(2.) If I have to consider this matter from the point of view of the law as it stood prior to the date when the Succession Act (Act XXXIX of 1925) came into fqrce in the State of Mysore, I would also arrive at the same conclusion, namely, that this High Court has such jurisdiction. The Indian Succession Act as it was first enacted in 1865 (Act X of 1865) was extended to the State of Mysore by the Government of India by a notification dated 23rd July, 1868. Section 264 of the said Act provides: "The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge." The powers referred to in the Chapter in which the said section appears are powers in granting and revoking probates and letters of administration. The "High Court" as defined in the said Act means the "highest civil court of appeal." The highest civil court of appeal in the State of Mysore was Originally the chief court which subsequently came to be named as the "High Court." In the year 1914 the State of Mysore passed a Regulation being Regulation VI of 1914 to provide for the grant of probates of Wills and letters of administration to the estates of deceased persons. The preamble of the said Regulation provides:

(3.) One other point of view was pressed before us in support of the contention that this Court has such jurisdiction. Item 5 of List III, which is the concurrent list, of the Seventh Schedule of the Constitution, read with Item 46 of the said List shows that the Parliament as also the Legislature of the State specified in Part A or Part B of the 1st schedule has power to make laws with regard to jurisdiction and powers of High Courts in respect of intestacy and succession. Therefore it was argued that the Succession Act. which was made applicable to the State of Mysore on the 1st of April, 1951, could and did confer such jurisdiction on the High Court. This contention also seems to me to be sound. I have therfore come to the conclusion that the question referred to us should be answered in the affirmative. Reference answered.