1993 (3) TMI 354 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of arbitrator in probate matters.
2. Exclusive jurisdiction of the probate court.
3. Legal representatives and their rights.
4. Impact of statutory provisions on arbitration agreements.

Summary:

Issue 1: Jurisdiction of Arbitrator in Probate Matters:
The Court examined whether the arbitrator had jurisdiction to decide probate issues, specifically the genuineness and execution of the Wills dated October 29, 1982, and July 4, 1978. The Court concluded that the arbitrator cannot proceed with probate matters as the probate court has exclusive jurisdiction to grant or refuse probate of a Will.

Issue 2: Exclusive Jurisdiction of the Probate Court:
The Court emphasized that the probate court alone has the authority to grant probate of a Will, which is a judgment in rem and conclusive, binding not only the parties but also the entire world. The probate court's jurisdiction cannot be overridden by arbitration, even with the consent of the parties.

Issue 3: Legal Representatives and Their Rights:
The Court discussed the definition of "legal representatives" u/s 2(11) of CPC and concluded that executors, administrators, and legatees under a Will are legal representatives. The grant of probate gives the executrix the right to represent the estate of the deceased in other proceedings.

Issue 4: Impact of Statutory Provisions on Arbitration Agreements:
The Court held that statutory provisions, such as those in the Indian Succession Act and CPC, cannot be overridden by arbitration agreements. Consent of parties cannot confer jurisdiction to an arbitrator in matters exclusively within the probate court's domain.

Conclusion:
The Supreme Court directed the Bombay High Court to proceed with the probate suit expeditiously and requested the arbitrator to await the probate court's decision on the genuineness and execution of the Wills before proceeding with other issues. The application was ordered accordingly, without costs.