RAM KAUR PRASHAD EXECUTANT DECEASED Vs. STATE

JUDGEMENT

(1.) THIS is revocation application, moved by applicant Smt. Geeta Prashad, under Section 263 of Indian Succession Act, 1925, in the testamentary case filed by the Executor for grant of probate in respect of the Will of Smt. Ram Kaur Prashad, which was granted on 29. 4. 1982.

(2.) HEARD learned counsel for the parties.

(3.) BEFORE further discussions it is pertinent to mention here that proceedings under Section 276 of Indian Succession Act, 1925, are summary in nature and its object is the certification o/the genuineness of the Will executed by the Executant. Determination of disputed shares in the properties and partition are not ujithin the scope of such proceedings, tuhtch can be sought by filing civil suit before the competent civil court. Cases of Chiranjilal Shrilal Goenfca v. Jasjit Singh and others, (1993) 2 SCO 507 and Hem Noltni Judah v. Isolyne Sarojbashini Bose and others, AIR 1962 SC 1471, relied by the applicant Geeta Prashad, itself corroborate said position of law.