Civil Court has no jurisdiction to impugn the grant of probate by the court of competent jurisdiction.

AIRAIR All India Reporter 1993 SCW 1439 : JT 1993 (2) SC 341 : (1993) 2 SCALE 146 : (1993) 2 SCCSCC Supreme Court Cases 507 : (1993) 2 SCRSupreme Court Reports It is the official Reporter of the reportable decisions delivered by the Supreme Court of India. It is published under the authority of the Supreme Court of India by the Controller of Publications, Government of India. 454

(SUPREME COURT OF INDIAArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.)

(Before : K. Ramaswamy And R. M. Sahai, JJ.)

I.A. No. 3 of 1992 in Civil AppealCivil Appeal Vasant Ganesh Damle vs. Shrikant Trimbak Datar (AIR 2002 SC 1237) in the following words: "The appeal is considered to be an extension of the suit because U/S. 107 of the Code of Civil Procedure, the appellate Court has the same powers as are conferred by the Code on Courts of original jurisdiction in respect of suits instituted therein. Such a power can be exercised by the appellate Court "as nearly as may be" exercised by the trial Court under the Code. If the powers conferred upon the trial Court are under a specified statute and not under the Code, it has to be ascertained as to whether such a power was intended to be exercised by the appellate Court as well. Such a position can be ascertained by having a reference to the specified law by keeping in mind the legislative intention of conferment of power on the appellate Court either expressly or by necessary implication." No. 723 of 1973, Decided on : 18-03-1993.

Succession Act, 1925—Sections 213 and 276—Civil Procedure Code, 1908—Section 2(11), Order 22, Rule 3, Order 22, Rule 11, Order 22, Rule 4, Section 50 and Order 22, Rule 10—HinduHindu הִנְדּוּאָה (hinĕḋẇʼáh), ινδουϊσμός: Hend  (Hendu). The establishment of a satellite state of the Ghaznavid Empire (capital: Lahore) in the Punjab (first half of the 11th century) was known as Hindustan—a geographical name given by the Persians, who came to visit Bharatvarsha (​हिन्दुस्तान). Asadi’s Garsasp-nama, expeditions to Hend and Sarandib (Sri Lanka) have been featured. Sanatan Dharma is the actual Dharmic tradition of the Hindus. People who live in Hindusthan are Hindu (The word is an original word), whether they follow Islam, Christianity, Buddhism, Mahavira, or Nanaka. In this way, Tribals are also Hindu. Indian sword (šamšir-e hendi in zaḵm-e hendi). Anbar-e hendi (India perfumes) by Farroki. Ebn Battuta (Toḥfat al-noẓẓār fi ḡarāʾeb al-amṣārwa ʿajāʾeb al-asfār: ca. 1330) first mentioned 'Hindu Kush.' Succession Act, 1956—Sections 3(f) and 8.

Counsel for Parties:

Satish Chandra, Senior Adv., Pramod B. Agarwala and Mohinder Rupral, Advs

V.R. Reddy, Additional Solicitor GeneralOffice of the Solicitor General The Office of the Solicitor General (OSG) in the USA represents the Office of the Attorney General (OAG) in all appellate matters, including those before the District of Columbia Court of Appeals, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States. The attorneys of OSG handle over 500 appeals each year. OSG represents the District in cases that include a wide range of topics — including antitrust, employment discrimination, and constitutional issues etc., P. Chidambaram, Senior Adv., Syed Akhtar, C.L. Sahu, R.CBhalla, P. Parameswaran, C.V.S. Rao, K. Swamy and E.C. Agarwala, Advs.

JudgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)

K. Ramaswamy, J—Shri Chiranjilal Shrilal Goenka was involved in several suits and one of which is the pending appeal at his behest. He died on November 25, 1985 leaving behind last Will dated October 29, 1982 said to have been executed in which he appointed his younger daughter Mrs. Sushila N. Rungta as sole executrix of his Will. Radhey Shyam claims to be the adopted son of Shri C.S. Goenka, Radhey Shyam is the natural son of Shri Mangal Chand Kedia and Mrs. Sita another daughter of Sri C.S. Goenka. The applicant, executrix; Radhey Shyam and his wife filed substitution applications under Order 22 Rule 3, CPCCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding setting up rival claims. When the dispute arose as to who would represent the estate of Shri C.S. Goneka, by order dated October 7, 1991 has Court brought all the three on record as legal representatives. By further order dated November 1, 1991 this Court passed the following order :

“By consentConsent Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra [2018] 13 SCR 920 : (2019) 18 SCC 191; Pramod Suryabhan Pawar v. State of Maharashtra [2019] 11 SCR 423 : (2019) 9 SCC 608.Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr [2024] 7 S.C.R. 8. Doing Sex: involves an active understanding of the circumstances, actions and consequences of the proposed act. An individual who makes a reasoned choice to act after evaluating various alternative actions (or inaction) as well as the various possible consequences flowing from such action (or inaction), consents to such action. of parties JusticeJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία) V.S. Deshpande, retired Chief Justice of the Bombay High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. is appointed as arbitrator to settle the dispute as to who would be the legal heirs to the estate of late Chiranjilal Shrilal Goenka.”

2. The rest of the order is not necessary for the purpose of this case, hence omitted, pursuant thereto Shri Justice V.S. Deshpande entered upon the arbitrationArbitration (ADR) A dispute settlement process whereby the parties agree to submit their differences to judges of their own choice and to abide by the decision of the judges.. Preceding the order counsel for Sri Radhey Shyam had enclosed a letter giving details of all the pending suits and item No. 19, Suit No. 65 of 1985, titled S. N. Rungta vs. R.C. Goenka, was one such case. The schedule of the suits was annexed to the order of appointment of the arbitrator. On filing the respective pleadings, the arbitrator framed diverse issues. Issues Nos. 1 and 2 relate to two Will and are as under :

“1. Does Claimant No. 1 prove execution of the Will dated 29th (28th) October, 1982 and prove the same to be the last and genuine Will of late Shri G.S. Goenka.

2. If not does she prove the execution of the Will dated 4-7-1978 and prove the same to be the last and genuine will of the late Shri G.S. Goenka”.

3. Simultaneously proceedings in the probate suit is being pursued in Bombay High Court wherein the learned Judge, on application, expressed doubt whether arbitrator has jurisdiction to decide probate suit. Similarly, on application made before the arbitrator seeking clarification, he too had stated that when the appointment of him as arbitrator was made and all the pending proceedings were referred to in the schedule, it would be assumed that this Court applied its mindMind We know nothing about its origin, growth, or demise. Where it lives, can it live without a brain? Possibly, the mind is the soul and spirit. See Consciousness and referred to him the probate suit as well but he cannot give any clarification in that behalf. It would be expedient to the applicant to seek clarification from this Court. Thus the prayers in the application are :

“A. that this Hon’ble Court may be pleased to allow the applicant to proceed with the Probate Suit No. 65 of 1987 pending before the Hon’ble High Court of Bombay in accordance with law; and

B. to pass such order and other orders as this Hon’ble Court may deem fit and proper in the circumstances”.

4. Shri Satish Chandra, learned Senior Counsel for the applicant contended, placing reliance on Gopi Rai vs. B.N. Rai, AIR 1930 ALL 840, Ghellabhai vs. Nandubhai, (1896) ILR 21 Bom 335 (337) and Manmohini Guha vs. Ganga Chandra Das, (1904) ILR 31 Cal 357, that probate Court has exclusive jurisdiction to grant probate of the Will to the applicant for due implementation of the directions contained in the Will as the executrix. That issue cannot be referred to arbitration and the arbitrator thereby is devoid of jurisdiction to decide issue Nos. 1 and 2. He also further contended that the applicant had not consented to refer the probate suit for arbitration.

5. Shri P. Chidambaram, learned Senior Counsel for the respondents contended that preceding the order of this Court dated November 1, 1991, the counsel for the respondents addressed a letter to the counsel for the petitioner including the probate suit for reference to arbitration. This was to obviate, the litigation pending in all the Courts as to who are the legal heirs of Shri C.S. Goenka. Thereafter this Court appointed Shri Justice S vs. Deshpande. The contention, therefore, of the applicant that she did not consent to refer the probate suit for arbitration is an afterthought and cannot be accepted. He further contended that this Court, with a view to put an end to the litigation in all the suits pending in different Courts, appointed the arbitrator to decide all the disputes in pending suits so that it would bind them. The arbitrator had accordingly framed Issue Nos. 1 and 2. referred to herein before which pertinently relate to the Wills in the probate suit along with other suits. Therefore, the arbitrator alone has got jurisdiction. The award of the arbitrator would be subject to approval or disapproval by this Hon’ble Court and on putting its seal it would bind all the parties and the Courts including the probate Court. Therefore, it is expedient that instead of parallel proceedings before the probate Court and the arbitrator to be permitted to continues it is desirable that the arbitrator should decide issues Nos. 1 and 2 with other issues and determine as to who would be the legal heirs and his decision would be binding in the probate suit. If any clarification is necessary it may be indicated accordingly.

6. Having given our anxious consideration we will proceed further in deciding the scope and effect of the order passed by this Court. As seen the order of reference to the arbitrator relates “to settle dispute as to who would be the legal heirs to the estate of Shri C.S. Goenka”. Section 2(11) of CPC Act 5 of 1908 defines legal representatives means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is Sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued. Order 22, Rule 3 says that if one or two or more plaintiffs die and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiffs dies and the right to sue survives, the Court on an application made in this behalf, shall cause the legal representatives of the deceased plaintiff to be made a party and shall proceed with the suit. Mutatis mutandisMutatis mutandis It means "with necessary changes in the points of detail" or "with such change as may be necessary" by operation of Order 22, Rule 11 this rule applies to the appellants at the appeal stage. Similarly, Order 22, Rule 4 applies in the case of death of one of several defendants or of sole defendant and in case of a dispute under Rule 5 such a question Shall be determined by the Court.

7. Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man, for the representation is in some sort identified by the law with him who he represents. The rights which the dead man can no longer own or exercise in propria persona and the obligations which he can no longer in propria persona fulfil, he owns, exercises and fulfils in the person of a living substitute. To this extent, and in this fiction, it may be said that legal personality of a man survives his natural personality, until his obligations being duly performed, and his property duly disposed of, his representation among the living is no longer called for.

8. In Black’s Law Dictionary the meaning of the wordWord Λόγος  ‘Legal Representative’ is: The term in its broadest sense means one who stands in place of, and represents the interests of another. A person who oversees the legal affairs of another. Examples include the executors or administrator of an estate and a Court appointed guardian of a minor or incompetent person.

9. Term “legal representative” which is almost always held to be synonymous with term “personal representative”, means in accident cases, member of family entitled to benefits under wrongful death statuteStatute A formal written legal enactment by a sovereign law-making body (Νόμος) > National Constitutions  > National Laws >  Indian Laws ‘Unsatisfied claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. and judgment fundFund The term refers to assets of every kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets.’. In The Andhra Bank Ltd. vs. R. Srinivasan, (1963) 1 Andh WR (SC) 14, this Court considered the question whether the legatee under the Will is the legal representative within the meaning of Section 2(11) of the Code. It was held that it is well known that the expression “Legal Representative” had not been defined in the Code of 1882 and that led to a difference of judicial opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. as to its denotation. Considering the case lawCase law It also known as common law, is derived from judicial decisions rather than constitutions, statutes, or regulations. It addresses specific disputes based on the factual details of each case. Unlike statutes and regulations, case law is founded on precedents set by prior judicial rulings. It differs from one jurisdiction to another. The ratio decidendi portion of a decision has binding force. developed in that behalf it was held that respondents 2 to 12, the legatees under the Will of the estate are legal representatives of the deceased Raja Bahadur and so it follows that the estate of the deceased was sufficiently represented by them when the judgments were pronounced.

10. In The OfficialOffice Αξίωμα > Officer > Office-bearer (1593) > Opus, officium, ex officio (Latin). Box-office (Cash Box). Liquidator vs. Parthasarathi Sinha, AIR 1983 SC 188, this Court considered whether the legal representative would be bound by the liability for misfeasance proceeding against the deceased. While considering that question under Section 50, CPC this Court held that the legal representative, of course, would not be liable for any sum beyond the value of the estate of the deceased in his hands. Mulla on CPC 14th Ed., Vol. 1 at p. 27 stated that a person on whom the estate of the deceased devolves would be his legal representatives even if he is not in actual possession of the estate. It includes heirs and also persons who without title either as executors, administrators were in possession of the estate of the deceased. It is, therefore, clear that the term legal representative is wide and inclusive of not only the heirs but also intermeddlers of the estate of the deceased as well as a person who in law represents the estate of the deceased. It is not necessarily confined to heirs alone. The executor, administrators, assigns or persons acquired interest by devolution under Order 22, Rule 10 or legatee under a Will, are legal representatives.

11. Section 3(f) of the Hindu Succession Act, 1956 defines “heirs” means any person, male or female who is entitled to succeed to the property of an intestate under this Act. Section 8 thereof provides that the property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter ‘Chapter II’ (Intestate succession) firstly upon the heirs, being the relatives specified in Class I of the Schedule……..Schedule provides Class I heirs are Son, daughter, widow, mother…….. Thus under the personal law of Hindu Succession Act, if a Hindu dies intestate the heirs either male or female specified in Schedule I Class I, are heirs and succeed to the estate as per law. In their absence, the next class or classes are entitled to succeed to the property of an intestate under the Act. In Sudama Devi vs. Jogendra Choudhary, AIR 1987 Patna 239, (FB) considered the question whether father of the minor in possession of his property and who himself was a party to the suit along with the minor is legal representative. The minor died. The father was held per majority to be legal representative under Section 2(11) of the Code as an intermeddler. It must therefore be held that not only that Class I heirs under Section 8 read with Schedule of the Hindu Succession Act but also the executor of the Will of the deceased Goenka are legal representatives within the meaning of Section 2(11) of the Code.

12. Section 213 of the IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Succession Act (Act 39 of 1925) for short ‘the Succession Act’ provides right to the executor to obtain probate of the Will thus :-

“(1) No right as executor…..can be established in any Court of Justice; unless court of competent jurisdiction in (IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more) has granted probate of the Will under which the right is claimed…. with a copy of the Will annexed. By operation of Section 2(1) only in the case of wills made by any Hindu………where such Wills are of the classes specified in Cls. (a) and (b) of Sec. 57…. Section 57 provides that the provisions of part which are set out in Schedule III, shall, subject to the restrictions and modifications specified therein apply – (a) to all Wills……made by any Hindu, on or after the first day of September, 1870, within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Madras and Bombay….. (c) to all Wills and codicils made by any Hindu…..on or after the first day of January, 1927, to which those provisions are not applied by Cls. (a) and (b). In other places the Dist. Court or Court to whom the powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. is delegated alone are entitled to grant probate.

13. Section 276 provides the procedure to obtain probate, namely :- (1) application for probate with the will annexed, shall be made by a petitionPetition αναφορά > παρακαλώ (Prayer) distinctly written in English……. the Will as the case may be, the particulars are the details mentioned in Cls. (a) to (b) and further details provided in sub-section (2) and (3, the mention of the details whereof are not material for the purpose of this case. The petition shall be verified in the manner prescribed under S. 280 and also further to be verified by at least one of the witnesses to the will in the manner and to the affect specified therein. The Caveator is entitled to object to its grant by operation of Section 284……. When it is contested Section 295 directs that probate proceedings shall take, as nearly as may be, the form of a regularRegular Regulated by Christian law and practices, the opposite meaning of Secular. A regulated government accepts Vaticanism, the control under the papal monarchy. A secular government is free from papal intervention. suit, according to the provisions of C.P.C. and the petitioner for probate…. shall be the plaintiff and the person who had appeared to oppose the grant shall be the defendant. Section 217 expressly provides that save as otherwise provided by this Act or by any other law for the timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ being in force, all grants of probate…….. with the Will annexed ……. shall be made or carried out, as the case may be, in accordance with the provisions of Part IX. Section 222 declares that (1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. S. 223 prohibits grant of probates to the persons specified therein. S. 224 gives power to appoint several executors. Section 227 declares the effect of probate thus:- Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such. Section 248 envisages grant of probate for special purposes, namely, if an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney…. with the will annexed, shall be limited accordingly.

14. Section 273 declares conclusiveness of probate thus :- Probate shall have the effect over all the property and estate movable or immovable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against the debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate have been granted. The further details are not necessary for the purpose of this date. Under S. 294 it shall be the duty of the court to preserve original wills S. 299 gives right of appeals against an order or the decree of the court of probate. By operation of S. 211(1) the executor of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such.

15. In Ishwardeo Narain Singh vs. Smt. Kanta Devi, AIR 1954 SC 280 this court held that the court of probate is only concerned with the question as to whether the documentDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) put forward as the last will and testament of a deceased person was duly executed and attested in accordance with law and whether at the time of such execution the testator had sound disposing mind. The question whether a particular bequest is good or bad is not within the purview of the Probate Court. Therefore the only issue in a probate proceeding relates to the genuineness and due execution of the will and the court itself is under duty to determine it and preserve the original will in its custody. The Succession Act is a self contained code in so far as the question of making an application for probate, grant or refusal of probate or an appeal carried against the decision of the probate court. This is clearly manifested in the fascicule of the provision of Act. The probate proceedings shall be conducted by the probate court in the manner prescribed in the Act and in no other ways. The grant of probate with a copy of the will annexed establishes conclusively as to the appointment of the executor and the valid execution of the will. Thus it does no more than establish the factum of the will and the legal character of the executor. Probate court does not decide any question of title or of the existence of the property itself.

16. The grant of a Probate by Court of competent jurisdiction is in the nature of a proceeding in rem. So long as the order remains in force it is conclusive as to the due execution and validity of the will unless it is duly revoked as per law. It binds not only upon all the parties made before the court but also upon all other persons in all proceedings arising out of the will or claims under or connected therewith. The decision of the Probate Court, therefore, is the judgment in rem. The probate granted by the competent court is conclusive of the validity of the will until it is revoked and no evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 can be admitted to impeach it except in a proceeding taken for revoking the probate. In Sheoparsan Singh vs. Ramnandan Prasad Singh (1916) ILR 43 Cal 694, the judicial committee was to consider whether the will which had been affirmed by a Court of competent jurisdiction, would not be impugned in a court exercising original jurisdiction (Civil Court) in suit to declare the grant of probate illegal etc. The Privy Council held that the Civil Court has no jurisdiction to impugn the grant of probate by the court of competent jurisdiction. In that case the subordinate court of Muzafarbad was held to be had no jurisdiction to question the validity of the probate granted by the Calcutta High CourtHigh Court at Calcutta The High Court at Calcutta (High Court of Judicature at Fort William>opened on 1st July 1862, with Sir Barnes Peacock as its first Chief Justice) was established by the Letters Patent dated 14th May 1862 (High Court's Act, 1861), which provided the jurisdiction and powers of the High Court.. In Narbheram Jivram vs. Jevallabh Harjivan AIR 1933 Bom 469, probate was granted by the High Court exercising probate jurisdiction. A civil suit on the Original Side was filed seeking apart from questioning the probate, also other reliefs. The High Court held that when a probate was granted, it operates upon the whole estate and establishes the will from the death of the testator. Probate is conclusive evidence not only of the factum, but also of the validity of the will and after the probate has been granted, it is incumbent on a person who wants to have the will declared null and void, to have the probate revoked before proceeding further. That could be done only before the Probate Court and not on the original side of the High Court. When a request was made to transfer the suit to the Probate Court, the learned Judge declined to grant the relief and stayed the proceeding on the original side. Thus it is conclusive that the court of probate alone had jurisdiction and is competent to grant probate to the will annexed to the petition in the manner prescribed under the Succession Act. The court alone is competent to deal with the probate proceedings and to grant or refuse probate of the annexed will. It should keep the original will in its custody. The probate thus granted is conclusive unless it is revoked. It is a judgment in rem.

17. We agree with Mr. Chidambaram that the applicant had consented to refer the dispute for arbitration of dispute in the pending probate proceedings, but consent cannot confer jurisdiction nor an estoppelEstoppel Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas the doctrine issue estoppel is invoked against the party. If such an issue is decided against him, he would be estopped from raising the same in the latter proceeding.. Bhanu Kumar Jain v. Archana Kumar ([2004] Supp. 6 SCR 1104 : (2005) 1 SCC 787) against statute. The other legatees in the will were not parties to it. In A. R. Antulay vs. R. S. Nayak, (1988) 2 SCC 602, when a ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more Bench directed the High Court Judge to try the offences under the Prevention of Corruption Act with which the petitioner therein was charged and the trial was being proceeded with, he questioned by way of writ petition the jurisdiction of this Court to give such a direction. A Bench of Seven Judges per majority construed meaning of the word ‘jurisdiction’, Mukherjee, J. as he then was, speakingSpeech 400 million years ago, the larynx was developed and allowed for communication with other animals. 60 million years ago, human beings talked about Dynosure or like animals in India. The vocal tract was in place to support modern human discourse as early as 300,000 years ago in the Indian subcontinent.   per himself. Oza and Natarajan, JJ. held that the power to create or enlarge jurisdiction is legislative in character. So also the power to confer a right of appeal or to take away a right of appeal. The Parliament alone can do it by law and no Court, whether superior or inferior or both combine, can enlarge the jurisdiction of a Court and divest a person of his rights of appeal or revision. Ranganath Misra, J. as he then was, held that jurisdiction comes solely from the law of the land and cannot be exercised otherwise. In this country, jurisdiction can be exercised only when provided for either in the Constitution or in the laws made by the Legislature. Jurisdiction is thus the authority or power of the Court to deal with a matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” and make an order carrying binding force in the facts. Oza, J. supplementing the question held that the jurisdiction to try a case could only be conferred by law enacted by the legislature. The Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network could not confer jurisdiction if it does not exist in law. Ray, J. held that the Court cannot confer a jurisdiction on itself which is not provided in the law. In the dissenting opinion Venkatachaliah, J. as he then was to lay down that the expression jurisdiction or prior determination is a “verbal coat of many colours”. In the case of a Tribunal, an error of law might become not merely an error in jurisdiction but might partake of the character of an error of jurisdiction. But, otherwise, jurisdiction is a ‘legal shelter’ and a power to bind despite a possible error in the decision. The existence of jurisdiction does not depend on the correctness of its exercise. The authority to decide embodies a privilege to bind despite error, a privilege which is inherent in and indispensable to every judicial function. The characteristic attribute of a judicial act is that it binds whether it be right or it be wrong. Thus this Court laid down as an authoritative proposition of law that the jurisdiction could be conferred by statute and this Court cannot confer jurisdiction or an authority on a tribunal. In that case this Court held that Constitution Bench has no power to give direction contrary to Criminal Law Amendment Act, 1952. The direction per majority was held to be void.

18. It is settled law that a decree passed by a court without jurisdiction on the subject matter or on the grounds on which the decree made which goes to the root of its jurisdiction or lacks inherent jurisdiction is a coram non judice. A decree passed by such a court is a nullity and is non est. Its invalidity can be set up whenever it is sought to be enforced or is acted upon as a foundation for a right, even at the stage of execution or in collateral proceedings. The defect of jurisdiction strikes at the very authority of the court to pass decree which cannot be cured by consent or waiver of the party. In Bahadur Singh vs. Muni Subrat Dass, (1969) 2 SCR 432 an eviction petition was filed under the Rent Control Act on the ground of nuisance. The dispute was referred to the arbitration. An award was made directing the tenant to run the workshop up to a specified time and thereafter to remove the machinery and to deliver vacant possession to the landlord. The award was signed by the arbitrators, the tenant and the landlord. It was filed in the court. A judgment and decree were passed in terms of the award. On expiry of the time and when the tenant did not remove the machinery nor delivered vacant possession, execution was levied under Delhi and Ajmer Rent Control Act. It was held that a decree passed in contravention of Delhi and Ajmer Rent Control Act was void and the landlord could not execute the decree. The same view was reiterated in Smt. Kaushalya Devi vs. K. L. Bansal, AIR 1970 SC 838. In Ferozi Lal Jain vs. ManMen Ανθρωποι (People), a woman (γυναίκα), Man (Ανδρας) > Adama, Manu > No proof to establish that due to mutation a monkey turned into a human being. Mal, AIR 1970 SC 794, a compromise dehors grounds for eviction was arrived at between the parties under S. 13 of the Delhi and Ajmer Rent Control Act. A decree in terms thereof was passed. The possession was not delivered and execution was laid. It was held that the decree was nullity and, therefore, the tenant could not be evicted. In Sushil Kumar Mehta vs. Gobind RamLord Rama A prince of the Solar Dynasty (Ikshaku Vamsa, capital Ayodhya). His victorious story was portrayed by Valmiki in Ramayana. He identified him as the Avatar of Lord Vishnu. When the Brahmins became unethical, cruel, and greedy, he appeared to restore the Sanatan Dharma. He was trained by Rishi Viswamitra.  His rule impacted for 10000 years. Ramrajya means good administration. Bohra (dead) through his LRs., JT 1989 Suppl. SC 329 the Civil Court decreed eviction but the building was governed by Haryana Urban (Control of Rent and Eviction) Act, 11 of 1973. It was held that the decree was without jurisdiction and its nullity can be raised in execution. In Union of India vs. Ajit Mehta and Associates, Pune, AIR 1990 Bombay 45, a Division Bench to Which Sawant, J. as he then was, a member was to consider whether the validity of the award could be questioned on jurisdictional issue under S. 30 of the Arbitration Act. The Division Bench held that Clause 70 of the ContractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. provided that the Chief Engineer shall appoint an engineer officer to be sole arbitrator and unless both parties agree in writing such a reference shall not take place until after completion of the works or termination or determination of the Contract. Pursuant to this contract under S. 8 of the Act, an Arbitrator was appointed and award was made. Its validity was questioned under S.30 thereof. The Division Bench considering the scope of Ss. 8 and 20(4) of the Act and on review of the case law held that S. 8 cannot be invoked for appointment of an Arbitrator unilaterally but be available only under S. 20(4) of the Act. Therefore, the very appointment of the Arbitrator without consent of both parties was held void being without jurisdiction. The Arbitrator so appointed inherently lacked jurisdiction and hence the award made by such Arbitrator is non est. In Ghellabhai’s case (supra) Sir C. Farran, Kt. C.J. of Bombay High Court held that the Probate Court alone is to determine whether probate of an alleged Will shall issue to the executor named in it and that the executor has no power to refer the question of execution of Will to arbitration. It was also held that the executor having propounded a Will, and applied for probate, a caveat was filed denying the execution of the alleged Will, and the matter was duly registered as a suit, the executor and the caveatrix subsequently cannot refer the dispute to arbitration, signing a submission paper, but such an award made pursuant thereto was held to be without jurisdiction.

19. In Gopi Rai’s case, (supra), Sulaiman, J. as he then was, speaking for the Division Bench held that the Civil Court has no jurisdiction to allow the dispute relating to the genuineness of a Will in a probate proceedings pending before him to be referred to the arbitration of an arbitrator. He has got to be specified that the Will is a genuine document before the order of granting probate is passed. He cannot delegate those functions to a private individual and decide the point through him. Similar was the view laid in Manmohini Guha’s case, (supra) Saroda Kanto Das vs. Gobindo Das (1910) 6 Ind Cos, 912 and Khelawati vs. Chet Ram Khub Ram, AIR 1952 Punjab 67. When the plea of estoppel was raised, Sulaiman, J. in Gopi Rai’s case (supra) held that “We cannot hold that there is any estoppel against Gopi Rai on this question of jurisdiction. That is a matter which we can take into account only when ordering costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs.. “The decision in Nalla Ramudamma vs. Nalla Kasi Naidu, AIR 1945 Madras 269 relied onRelied on Relied to make the decision (ratio decidendi) and not only referred to push an issue. by Shri Chidambaram does not help his clients. Therein the question was the matrimonial dispute. The Arbitrator had decided at the request of the parties and a decree was passed. It was held that the dispute would come under S. 21 of the Arbitration Act. The question of jurisdiction was not raised therein. Equally the decision in Mr. Mahasunder Kuer vs. Ram Ratan Prasad Sahi, AIR 1916 Patna 382, is also of little assistance. The question of adoption, it was held, cannot be decided in the probate proceedings.

20. On a conspectus of the above legal scenario we conclude that the Probate Court has been conferred with exclusive jurisdiction to grant probate of the Will of the deceased annexed to the petition (suit; on grant or refusal thereof, it has to preserve the original Will produced before it. The grant of probate is final subject to appeal, if any, or revocation if made in terms of the provisions of the Succession Act. It is a judgment in rem and conclusive and binds not only the parties but also the entire worldWorld Κόσμος . The award deprives the parties of statutory right of appeal provided under S. 299. Thus the necessary conclusion is that the Probate Court alone has exclusive jurisdiction and the Civil Court on original side or the Arbitrator does not get jurisdiction, even if consented to by the parties to adjudicate upon the proofProof Mathematical proof, Direct proof, Proof by contraposition, Proof by contradiction, Proof by construction, Proof by exhaustion, Closed chain inference, Probabilistic proof, Combinatorial proof, Nonconstructive proof, Computer-assisted proofs. or validity of the Will propounded by the executrix, the applicant. It is already seen that the executrix was nominated expressly in the Will is a legal representative entitled to represent the Estate of the deceased but the heirs cannot get any probate before the Probate Court. They are entitled only to resist the claim of the executrix of the execution and genuineness of the Will. The grant of probate gives the executrix the right to represent the estate of the deceased, the subject-matter in other proceedings. We make it clear that our exposition of law is only for the purpose of finding the jurisdiction of the arbitrator and not an expression of opinion on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. in the probate suit.

21. From this perspective we are constrained to conclude that the Arbitrator cannot proceed with the probate suit to decide the dispute in issue Nos. 1 and 2 framed by him. Under these circumstances the only course open in the case is that the High Court is requested to proceed with the probate suit No. 65/85 pending on the probate jurisdiction of the High Court of Bombay and decide the same as expeditiously as possible. The learned Judge is requested to fix the date and proceed day-to-day at his convenience till it is concluded and decide the matter according to law preferably within six months. Till then the Arbitrator is requested not to decide issue Nos. 1 and 2. He may be at liberty to proceed with the other issues. He is requested to await the decision of the Probate Court; depending upon the result thereon, he would conclude his findings on Issue Nos. 1 and 2 and then make the award and take the proceedings according to law. The application is accordingly ordered but without cost.