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2015 (9) TMI 1735 - HC - Indian LawsValidity of registered sale deed executed by the plaintiff in favour of defendants 1 and 2 - permanent injunction restraining the defendants from alienating or in any manner encumbering the plaint schedule property and for costs - seeking impleadment in the suit as a legal heir on the basis of the testamentary document being the alleged last Will of the deceased - HELD THAT:- The nature of civil proceedings, which are before the Court, i.e., a claim by the deceased to set at naught the sale deeds already executed. The question is of an impediment in the way of the appellant to even claim any right in the absence of having initiated any proceedings for probate of the Will due to the law being specific here, as well as the other two Courts of Mumbai and Kolkatta, as compared to a different position in the remaining part of the country. The purpose of impleading all the legal representatives arises, as even if there is a dispute of inheritance between the different persons claiming from the deceased, that should not prejudice the proceedings initiated by the deceased and when the inter se rights are determined among the persons claiming estate of the deceased, those could be determined separately or even some time in the same proceedings to come to a conclusion as to who should be the beneficiary of the decree, if any, passed in the suit - In the present case, the appellant would not be able to claim any part of the estate whatsoever even on the basis of the alleged registered Will because he has not taken any steps for obtaining probate. In fact, the question was conveniently evaded. The appeal is completely meritless and also a proceeding in which ambivalent stands have been taken to somehow get the appeal admitted without answering the Court queries - appeal dismissed.
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