2012 (8) TMI 1099 - HC - Indian Laws

Summary

Issues Involved:
1. Genuineness of the will dated 03.12.1986.
2. Legal propriety of the probate granted.
3. Allegations of property alienation during the pendency of the appeal.
4. Jurisdiction of the Court to issue orders for protection of the estate.

Summary:

Issue 1: Genuineness of the will dated 03.12.1986
The primal issue for determination is the genuineness of the will dated 03.12.1986 executed by Late Bishun Prakash Narayan Singh in favor of the Nati (maternal grandson) of his separated brother Late Fateh Bahadur Singh.

Issue 2: Legal propriety of the probate granted
The sole heir and daughter of Late Bishun Prakash Narayan Singh filed objections against the probate, claiming inheritance rights. The lower court overruled her objections and granted probate to the will. The appellants, substituted heirs of the objector Kalyani Devi, contested the probate's legality.

Issue 3: Allegations of property alienation during the pendency of the appeal
The appellants alleged that the respondent no.1 started alienating the property post-probate, executing registered lease deeds during the appeal's pendency. They claimed possession over the property inherited from Kalyani Devi and feared irreparable loss if dispossessed. The respondent no.1 countered, asserting the will's genuineness and pointing out that the appellants also alienated part of the property during the appeal.

Issue 4: Jurisdiction of the Court to issue orders for protection of the estate
The Court examined whether it had jurisdiction to issue orders for the protection of the estate during the probate proceedings. It referred to Sections 247, 266, and 268 of the Indian Succession Act, which allow the Court to appoint an administrator pendente lite and regulate proceedings by the Code of Civil Procedure. The Court concluded that it has the power to issue interim orders to protect the estate from being wasted or dissipated, even if Order 39 Rule 1 & 2 C.P.C. may not strictly apply.

Conclusion:
The Court recognized its jurisdiction to pass necessary orders for the protection of the estate. Given the imminent threat of material change in the property's condition, it directed both appellants and respondents to maintain the status quo regarding the property of the deceased testator Late Bishun Prakash Narayan Singh during the pendency of the appeal. The interlocutory application was disposed of accordingly.