Jurisdiction of executive megistrate.
SANKET UPADHYAY
(Querist) 13 July 2013
This query is : Resolved
In the year of 2000 Mrs.kapilaben patel was dead, and she was make a will of her property,her daughter challenge her will in executive magistrate court.executive magistrate refuse her daughter's plea. my question is that " Has executive magistrate power to hear to this type of will dispute?
SANKET UPADHYAY
(Querist) 13 July 2013
EXECUTIVE MAGISTRATE MEANS MAMLATDAR OF TALUKA. IF HE HAS POWER , UNDER WHICH LAW & SECTION ?
Advocate M.Bhadra
(Expert) 13 July 2013
Executive Magistrate has no power to try and entertain the WILL matter,only District or District Delegate Court have power to grant of WILL by adjudication of a Probate Case.
Section 276 in The Indian Succession Act, 1925
276. Petition for probate.-
(1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating–
(a) the time of the testator’ s death.
(b) that the writing annexed is his last will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner’ s hands, and
(e) when the application is for probate, that the petitioner is the executor named in the will.
(2) In addition to these particulars, the petition shall further state,–
(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’ s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.
R.K Nanda
(Expert) 13 July 2013
nothing to add.
Rajendra K Goyal
(Expert) 13 July 2013
Well advised by the expert M bhadra ji, nothing more to add.
Raj Kumar Makkad
(Expert) 13 July 2013
Executing court cannot go behind the decree so objector has to file an appeal against the decree under execution and obtain stay against the same.
