AMITABH KEJRIWAL Vs. SMT. RAJ KUMARI KEJRIWAL

JUDGEMENT

(1.) This is an application under Clause 13 of the Letters Patent, 1865 for transfer of a Probate Case No.265 of 2018 filed by the respondent no.1 before the District Delegate at Alipore to this Hon'ble Court for trial.

(2.) Learned advocate appearing for the petitioner submits that, the petitioner is the elder son of the deceased. The respondent no.1 is the mother of the petitioner and the widow of the deceased. The respondent no.1 filed an application being PLA No.318 of 2013 before this Hon'ble Court in respect of the goods of the deceased. Such PLA No.318 of 2013 was subsequently converted into a testamentary suit being as the probate proceeding was contested. In the testamentary suit, the petitioner applied for removal of the executor being the respondent no.1. In such application, an order dated March 16, 2017 was passed which permitted the petitioner to proceed with the testamentary suit since the respondent no.1 was not proceeding therewith. On appeal, the Division Bench by the order dated October 31, 2017 allowed the petitioner to proceed with the testamentary suit in the event the respondent no.1 was not proceeding therewith. The petitioner thereafter came to learn that the respondent no.1 filed an application for grant of a probate of a Will which is said to be later than the Will in respect of which the testamentary suit is pending before this Hon'ble Court. He submits that the later Will was put into place for the purpose of denying the valuable rights of the petitioner. In any event, the proceedings in the two fora will lead to conflict in judicial decisions. The defence of the respondent no.1 in the testamentary suit will be grounds in the subsequent probate proceedings. Therefore, according to him, the subsequent probate proceedings should be transferred to this Hon'ble Court and Alipore Court being more consistent to authorise for expeditious disposal.

(3.) Learned advocate appearing for the respondent no.1 submits that, the respondent no.1 was appointed as the executor in both the Wills. Subsequent to the filing of the probate petition before this Hon'ble Court, the respondent no.1 as the executor came to learn about the subsequent Will of the deceased. Consequently, the respondent no.1 applied before the District Delegate at Alipore for grant of probate of such Will. He submits that, the same was done so in view of the expenses involved in proceedings in the High Court. Moreover, he draws the attention of the Court to the directions issued by the Division Bench in the order dated October 31, 2017. He submits that the petitioner was granted liberty to mention the testamentary suit for early disposal. The petitioner did not do so. Consequently, according to him, the petitioner is not entitled to any relief.