2015 AIR CC 2824 (GUJ) ::(2015) 3 Guj LR 2584

Gujarat High Court

Hon'ble Judge(s): Vipul M. Pancholi , J

( A ) Succession Act (39 of 1925) S. 284 — Caveatable interest — Lodging of caveat against grant of probate — Citations issued at instance of petitioner — In answer to citation, elder son of testator/objector appeared and claimed his right to be heard raising doubt about genuineness of Will — Can be held that the objector who is elder son of testator is having caveatable interest — Objector can file objections and can raise various contentions including contention with regard to jurisdiction of Court. (Paras29)

( B ) Succession Act (39 of 1925) S. 300 — Concurrent jurisdiction of High Court — Grant of probate — Petition is required to be filed first before District Court — Fact that High Court has concurrent jurisdiction with District Judge — Irrespective.When the powers are given to the District Judge to grant probates and letters of administration, the proceedings are required to be initiated before the said Court. If the testamentary petition is directly filed before this Court, then the aggrieved party will not get a chance to prefer statutory appeal i.e., first appeal before this Court and therefore, S. 299 would become redundant. Thus, the testamentary petition is required to be filed first before the District Court. Therefore, though High Court is having concurrent jurisdiction, the testamentary petition is required to be filed first before the concerned District Court. (Paras29)