Whether court can entertain petition for probate even if it is not legally required?
before the Court which had no jurisdiction to entertain the same. In that
context while considering the provisions of Section 213 of the said Act and
the situation where probate proceedings have been filed at a place not
covered by Section 213 of the said Act, in para 5 of the said judgment it was
observed thus:
“5. The appellant's counsel then contended that Section
213 of the Succession Act which requires an executor
to obtain probate before establishing his claim under
the Will was not applicable outside the Presidency
Towns of Calcutta, Madras and Bombay. Assuming this
to be correct, we do not read Section 213 as
prohibiting the executor from applying for probate as a
matter of prudence or convenience to the courts in
other parts of the country not covered by Section 213.
Those courts are competent to entertain such
applications if made.”
The aforesaid observations indicate that the proceedings for grant of probate
were permitted to be continued despite the same having been filed in a Court
which was not covered by Section 213 of the said Act. Thus if the probate is
sought as a matter of prudence in a Court that is not covered by the
provisions of Section 213 of the said Act, such Court would be competent toentertain the application for probate. In the present case, though the
provisions of Section 213 of the said Act would not apply to seek grant of
probate, the proceedings would have to be entertained on merits.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
NAGPUR.
FIRST APPEAL NO. 1118 OF 2015
Nitesh Shashikant Khobragade,
NAGPUR.
FIRST APPEAL NO. 1118 OF 2015
Nitesh Shashikant Khobragade,
VERSUS
Anil Marotrao Khobragade,
Anil Marotrao Khobragade,
CORAM: A. S. CHANDURKAR J.
Dated : APRIL 07, 2016.
Citation:2016 (3) ALLMR821
Dated : APRIL 07, 2016.
Citation:2016 (3) ALLMR821
