Testamentary judgment required

i will try to find out a judgment...but logically speaking it must be the later will which will have to be proved first...as if the later is proved to be genuine then the former would pale into oblivion automatically..however if we choose the alternative path then we may have to prove both the wills to arrive at any conclusion...however the situation is different if one is registered and the later one is unregistered

Logically speaking yes, but the Courts listen better when there is SC case law backing the logic ! I have just finished reading yesterdays 99 pg judgment in the Birla Lodha dispute, essentially it is about caveatable interest but the last para states: 187. Probate proceeding of RSL in respect of Will of PDB executed in the year 1999 should be taken up first. The hearing of the probate proceeding of Will of MPB of 1982 may be taken up immediately thereafter. Judgments may be delivered, if possible, at the same time. Unfortunately no reasoning is given for this. I have also gone through some judgments but cannot get anything more specific on this issue. Will be obliged if you can assist. Both wills are registered, but whereas Attesting Witnesses have filed affidavits for the earlier Will, same has not been done for the later will even now after 5 years ! Thanks

Well yes you are absolutely right...the Courts listen better when the SC speaks...I will try to find out relevant citations..I also read in the newspapers today about the decision of the Apex Court in the Birla-Lodha case and their direction to hear the 1999 will first....but will revert with some concrete rulings, if possible

Thanks. Will appreciate any help. The Lodha Birla judgment is already on judis.nic.in Good one for "Caveatable Interest".

Check this Judgement. Hope this helps...

 

Supreme Court of India
Supreme Court of India
Jagjit Singh & Ors. vs Pamela Manmohan Singh on 10 March, 2010
Author: G Singhvi
Bench: G.S. Singhvi, C.K. Prasad
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8031 OF 2001
Shri Jagjit Singh and others ...Appellants
Versus
Mrs. Pamela Manmohan Singh ...Respondent
JUDGMENT
G.S. Singhvi, J.