SARDAR NIRLEP SINGH Vs. PARAMJEET

JUDGEMENT

(1.) Petitioners seek transfer of the Probate Case No. 2(T)99/15/2013 titled "Nirlep Singh and Anr. v. Paramjeet and Anr." from the court of the Additional Deputy Commissioner, Shillong on the ground that subject matter of the Probate i.e., immovable properties are situated in the States of Delhi, Sikkim, Punjab outside the jurisdiction of the District Judge/Additional Deputy Commissioner. It is further projected that in terms of Section 273 of the Indian Succession Act the Probate or Letter of Administration granted by the court of District Judge shall have affect throughout other states with regard to properties value of which does not exceed more than ten thousand rupees whereas, value of the properties subject matter of the Probate application is higher than ten thousand rupees, in case the Probate is granted by the High Court that will have affect throughout the other states.

(2.) Learned vice counsel for the petitioner seeks adjournment, same is not accepted. Perusal of the records reveals that initially the application for Probate of the Will was filed in the year 1999 which was decided but later on the order as was passed was set aside by the High Court on 08.12.2009, the matter was remanded back to the Additional Deputy Commissioner, Shillong. After remand, the Probate Case has been afresh registered as Test Probate Case No. 15 of 2013, the matter is pending for long time. It is pointed out by the learned counsel for the respondents that the case has reached to its final stage, the design of the petitioners is simply to prolong the proceedings.

(3.) The grounds as projected in para 15 of the memo of the petition for transfer can also be projected before the learned trial court, there was no requirement of filing this transfer application.