PRAVEEN KAPILA Vs. NAVIN SOI

JUDGEMENT

(1.) The appellant has preferred the present appeal to assail the judgment dated 14.02.2019 passed by the learned Single Judge in Test Case No.12/2013. The said Testamentary Case had been preferred u/s 276 of the Indian Succession Act, 1925 for grant of probate of Will dated 11.03.2010 executed by late Ms.Pushpa Kumari Soi. The said Testamentary Case had been instituted by the respondent no.1.

(2.) The appellant herein preferred his objections in the said proceedings on the premise that after execution of the Will set up by the respondent, the testator late Ms.Pushpa Kumari Soi had executed a registered partition deed dated 12.09.2011, wherein she had relinquished her right in the property - which is the subject matter of the Will, in favour of the appellant/objector. The submission of appellant was that since the said estate did not exist on the demise of the testator, probate could not be granted in respect of Will in question.

(3.) The submission of the learned counsel for the appellant is that Section 2(f) defines "probate" to mean a copy of a Will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator. The submission is that in probate proceedings, the Court should examine as to what constitutes the estate of the testator, and if an issue arises with respect to the title of a particular property claimed to be in the estate of the testator, then probate should not be granted in respect of the Will, till the title of such property is determined by the competent Court.