Case Note & Summary
The appellant, Nitesh Shashikant Khobragade, filed a probate petition under Section 276 of the Indian Succession Act, 1925, seeking grant of probate of a will dated 24.09.2003 executed by Manoramabai Khobragade and Marotrao Khobragade, claiming to be the executor and beneficiary. The respondents, Anil Marotrao Khobragade and Sanjay Marotrao Khobragade, opposed the petition. Respondent no.1 disputed the appellant's entitlement under the will, while respondent no.2 also claimed entitlement under the same will. During proceedings, the appellant led evidence, and the respondent no.1's right to cross-examine was forfeited due to absence. Subsequently, respondent no.1 filed applications (Ex. 66 and Ex. 67) seeking permission to lead evidence and dismissal of the proceedings on the ground that the probate court lacked jurisdiction under Section 213 read with Section 57 of the Act, and that the proceedings should be converted into a suit. The trial court dismissed the probate petition on 27.07.2015, granting liberty to the appellant to approach the civil court. The appellant appealed under Section 299 of the Act. The High Court held that the probate court has limited jurisdiction to grant or refuse probate and cannot adjudicate disputed questions of title or convert proceedings into a suit. It observed that Section 213 of the Act bars enforcement of rights under a will without probate, and Section 57 makes it applicable to Hindu wills in certain territories including Nagpur. The court found that the trial court correctly dismissed the petition as the issues were contentious and required a civil suit. The appeal was dismissed, and the appellant was granted liberty to file a civil suit.
Headnote
A) Succession Law - Probate - Jurisdiction of Probate Court - Section 213, 276, 299 Indian Succession Act, 1925 - The probate court has limited jurisdiction to grant or refuse probate and cannot adjudicate disputed questions of title or convert proceedings into a suit. The court held that when the will is disputed and title is contested, the proper remedy is to approach the civil court. (Paras 3-10) B) Succession Law - Applicability of Section 213 to Hindu Wills - Section 57, 213 Indian Succession Act, 1925 - Section 213 applies to wills made by Hindus in certain territories, including Nagpur, as per Section 57. The court held that the probate petition was maintainable under Section 276, but the probate court lacked jurisdiction to decide contentious issues. (Paras 3-10) C) Civil Procedure - Conversion of Probate Proceedings into Suit - Not Permissible - The probate court cannot convert contested probate proceedings into a suit under the Indian Succession Act. The court held that the proper course is to dismiss the probate petition and grant liberty to file a civil suit. (Paras 3-10)
Issue of Consideration
Whether the probate court can convert contested probate proceedings into a suit and adjudicate disputed questions of title, and whether the probate petition was maintainable under Section 213 read with Section 57 of the Indian Succession Act, 1925.
Final Decision
The appeal is dismissed. The order dated 27.07.2015 passed by the learned Joint Civil Judge, Senior Division, Nagpur in Probate Petition No. 6 of 2012 is confirmed. The appellant is at liberty to file a civil suit for adjudication of his claim.
Law Points
- Probate court jurisdiction limited to grant of probate
- Section 213 Indian Succession Act bars enforcement of rights under will without probate
- Section 57 Indian Succession Act applicability to Hindu wills
- Conversion of probate proceedings into suit not permissible
- Remedy lies before civil court for disputed title
