JOSEPH JOHN Vs. REJEENA

JUDGEMENT

(1.) This original petition is necessitated on account of confusion entertained by the court below in the matter of issuing certified copy of probate.

(2.) The petitioner based on the order of grant of probate applied for issuance of a copy of the certificate of probate under the seal of court. However, the court did not issue certificate. The reason reflected in the report of the learned District Judge placed before this court is that court fees stamp papers are not useful for engrossing probate certificate. It was insisted by the court that probate certificate can be issued only after engrossing it on non-judicial stamp papers.

(3.) Indian Succession Act defines probate under section 2F as follows: