AIR 1938 NAGPUR 47

Nagpur High Court

Hon'ble Judge(s): Pollock , J

Succession Act (37 of 1925) , S.370— Succession certificate claimed to estate of deceased testator - Registered will set up by opponent - Court must first decide whether will was validly executed as it involves question of jurisdiction. In a case where succession certificate is claimed by a person to the estate of a deceased testator as heir and reversioner and the opponent sets up a registered will, the Court muat first decide whether the will was validly executed and this will not involve a question whether the testator was entitled to dispose of the property mentioned in the will. If the Court decides that the will was validly executed, it has no jurisdiction to grant a succession certificate, and the question of jurisdiction must be decided first.(Para 48C2)