MAHESH PROPERTIES PVT LTD Vs. PARTHA PRATIM MAJRA

JUDGEMENT

(1.) The executor of the last will and testament of Kiran Wadan Bhagat, since deceased has applied for withdrawal of the proceedings being PLA No. 143 of 2016, non-prosecution of the same by the executor with the liberty to file afresh before the court of law having jurisdiction to entertain an application for grant of probate of the last will and testament of the deceased dated November 20, 2002.

(2.) Learned Advocate appearing for the executor has submitted that, the executor is no longer willing to proceed with the probate proceedings before this Hon'ble Court. He has submitted that, there is a probate proceeding pending before the Barasat Court. It is therefore just and proper that the executor be permitted to withdraw the probate application and file a proceeding for probate before the district delegate at Barasat.

(3.) Learned Senior Advocate appearing on behalf of a purchaser of an immovable property has submitted that, his client had purchased the immovable property which is one of the immovable properties referred to in the will, by a registered deed of conveyance dated May 5, 2002. He has submitted that, the executor knew of the right, title and interest of the purchaser in the immovable property concerned. The purchaser along with two others had purchased the immovable property by the registered deed of conveyance dated July 5, 2005. Nonetheless, the executor did not have any citation issued about the proceedings being PLA No. 143 of 2017 to such purchasers. The executor had obtained a probate on July 14, 2017 of the will without having the necessary citation issued to the purchasers. The purchasers of upon coming to know about the probate proceeding and the probate granted had filed an application under section 263 of the Indian Succession Act, 1925 for revocation of the probate dated July 14, 2017. By an order dated June 25, 2020, such probate had been revoked.