RAM KAUR PRASAD 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 re spect of the Will of Smt. Ram Kaur Prashad, which was granted on 29-04-1982.

(2.) HEARD learned counsel for the parties.

(3.) BEFORE further discussions it is per tinent to mention here that proceedings under Section 276 of Indian Succession Act, 1925, are summary in nature and its object is the certification of the genuine ness of the Will executed by the Executant. Determination of disputed shares in the properties and partition are not within the scope of such proceedings, which can be sought by filing civil suit before the competent civil court. Cases of Chiranjilal Shrilal Goenka Vs. Jasjit Singh and others, (1993) 2 Supreme Court Cases 507, and Hem Nolini Judah Vs. Isolyne Sarojbashini Base and others, AIR 1962 Supreme Court 1471, relied by the appli cant Geeta Prashad, itself corroborate said position of law.