Prudeta
Prudeta
2026 INSC 400
📌 Paras 3.1-3.3
Appellants claim ownership of suit properties based on sale deeds from 1997. The original owner, Eswaramurthy Gounder, died in 1983. His daughter (Respondent No. 1) filed a probate petition in 2009, claiming an unregistered Will dated 09.01.1976 in her favour. She also filed a suit for title declaration. The appellants subsequently filed suits for injunction, and all suits were directed to be tried jointly. The District Court initially granted probate in 2009.
📌 Para 2, Para 3.8
Whether the High Court erred in setting aside the District Court's order revoking the grant of probate, by holding that testamentary jurisdiction is limited to the genuineness of a Will and does not extend to determining property title.
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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