VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) This is a probate petition in relation to the Will dated 31.12,89 stated to have been executed by the deceased Swatantar Kumar, s/o late Shri Jai Prakash, r/o Ghaziabad (U.P), who is stated to have died on 2.3.90 at Delhi.

(2.) This case was originally filed before the Court of District Judge, Delhi sometime in the year, 1991. During the pendency of the proceedings before the said Court, the petitioners moved an application pointing out that the properties included certain properties in the State of UP, which are valued more than Rs. 10,000/- and therefore in terms of Section 273 (b) of the Indian Succession Act, the Court of District Judge at Delhi did not have the jurisdiction to grant probate which would have effect outside Delhi.

(3.) Vide order dated 2the 6.4.91, probate petition was returned to the petitioners by the District Judge for being presented before this Court and on such presentation, has been registered in this Court as Probate Case no.2/92.