TMI Blog2015 (9) TMI 1735X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as still pending when Sri.Krishna Rao passed away on 21.12.2010. The descendants of Sri.Krishna Rao were impleaded as legal heirs in his place. 3. The dispute starts with the present appellant also seeking his impleadment in the suit as a legal heir on the basis of the testamentary document being the alleged last Will of the deceased dated 24.12.2009. This application was allowed by the learned Single Judge vide order dated 19.10.2011. 4. The defendants in the suit preferred an appeal against the said order objecting to the impleadment of the appellant in O.S.A.No.123 of 2012, which was allowed by the Division Bench vide order dated 20.11.2013. The matter was remitted back to the learned Single Judge to hear all parties concerned le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the learned Single Judge and it was, accordingly, informed to the learned Single Judge. When we asked him to say as to what it is the material which was placed before the learned Single Judge, he changed the direction to say that no material had been placed, but orally the Judge was informed. 7. At the aforesaid stage, we pointed out to the learned counsel that if the impugned order had proceeded on an incorrect factual premise, he should have moved the learned Single Judge for clarification. On this, he stated that he would like to proceed in the present appeal on the premise that no probate was necessary at all for purposes of getting his impleadment in the suit. This is the initial history of the hearing. 8. We put to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Rent Control Act for recovery against the tenant. 9. Learned counsel, apparently, seems to have failed to focus on the crucial issue the mandatory requirement of a probate of the Will in the three original Principality Courts, as against the situation where it may not be mandatory. It is trite to say that where such probate is not mandatory, a Will can be proved even in collateral civil proceedings (vide judgment of the Division Bench at Delhi of the Punjab High Court in M/s.Behari Lal Ram Charan vs. Karam Chand Sahni and Others, AIR 1968 Punjab 108 (V 55 C 30), followed in Prithipal Singh Sabharwal vs. Jagjit Singh Sabharwal, 1996 (37) DRJ 643 of the Delhi High Court) 10. Learned counsel for the appellant also sought to advanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor or an Executor. 12. We may also notice 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. In the four years time, the appellant had taken no steps (we are proceeding on the basis as if no such probate petition has been filed, as that was the plea how this Court should proceed as per the learned counsel for the appellant). ..... X X X X Extracts X X X X X X X X Extracts X X X X
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