A judgment rendered in probate proceedings though a judgment in rem would not be determinative of questions of title and questions of title, existence of property are beyond the jurisdiction of the Probate Court

The Hon’ble Court in the case titled Shri Rakesh Kumar Juneja & ORS. Vs. State Of Delhi & ANR. TEST CAS. 73/2017 decided on 22.12.2017, held that a Probate Court does not decide any questions as to title to immovable property which may be subject matter of the document of which probate is sought and being thus of the view that the petition does not disclose any cause for revocation of the probate in as much as the petitioners are neither claiming under any other / subsequent Will of Baba Chakravarthy nor as natural heirs of him of whose probate has been granted.

Challenge

It was challenged by the Petitioner for revocation of will under S. 263 of the Indian Succession Act, 1925. The question before this Hon’ble court was whether the Probate will be revoked by a person who is claiming to be the actual owner of the disputed property

Held

The Hon’ble Court by relying upon the decision of Elizabeth Antony Vs. Michel Charles John Chown Lengera AIR 1990 SC 1576 held that a Probate Court does not decide any questions as to title to immovable property which may be subject matter of the document of which probate is sought and being thus of the view that the petition does not disclose any cause for revocation of the probate inasmuch as the petitioners are neither claiming under any other / subsequent Will of Baba Chakravarthy nor as natural heirs of him of whose probate has been granted.

The Hon’ble Court further relying upon Krishna Kumar Birla Vs. Rajendra Singh Lodha (2008) 4 SCC 300 held that a judgment rendered in probate proceedings though a judgment in rem would not be determinative of questions of title and questions of title, existence of property are beyond the jurisdiction of the Probate Court and remedy of person in respect of such types of questions is to file a separate suit.