SURESH GOEL Vs. GENERAL PUBLIC

JUDGEMENT

(1.) Challenge to this Appeal is the order dated 26.03.2019 passed by the District Judge, Raipur in unregistered case No.0/2019 whereby the application filed by the appellant under Section 276 of the Indian Succession Act (hereinafter referred to as 'the Act') (wrongly mentioned therein as Section 222 of the Act) for grant of probate of Will has been rejected holding it to be not maintainable as the same has been executed in relation to the properties situated beyond the territorial jurisdiction provided under clauses (a) and (b) of Section 57 of the Act.

(2.) Learned counsel for the appellant submits that the order impugned as passed by the Court below rejecting the application filed under Section 276 of the Act holding it to be not maintainable is apparently contrary to law. According to him, the issuance of certificate for grant of probate of Will executed in relation to the properties, which are beyond the territorial jurisdiction provided under clauses (a) and (b) of Section 57 of the Act is although not required to be issued necessarily but, it is an optional one. Therefore, in absence of any specific bar, the application for grant of probate of Will ought not to have been rejected and the same cannot be held to be not maintainable.

(3.) I have heard learned counsel for the appellant and perused the entire papers annexed with this appeal carefully.