There was no bar for petitioner to establish his right as legatee under Will even without first obtaining letters of administration or Probate

Citation

AIROnline 2021 SC 272

AIR 2021 SC 3156

SUPREME COURT

V. RAMASUBRAMANIAN , J.

TRANSFER PETITION (CIVIL) - 970 of 2016 D/- 12 - 2 - 2021

RAVINDER NATH AGARWAL v. YOGENDER NATH AGARWAL and Ors.

Civil P.C. (5 of 1908), S.24 - Transfer of case - Suit for partition and testamentary case-

Two transfer petitions, one seeking transfer of partition suit from Court at Delhi to Court

at Uttarakhand and another seeking transfer of testamentary case pending at Uttarakhand

High Court to Court at Delhi- There was no bar for petitioner to establish his right as legatee

under Will even without first obtaining letters of administration - Hence his subsequent act of

filing testamentary case before High Court of Uttarakhand is ruse to take advantage of general

proposition of law that probate proceedings are in rem and that they should have primacy -

Petitioner is senior citizen suffering from host of health issues- Attesters of Will are also not

residents of Delhi and they can be examined through video conference - No ground to transfer

partition suit to District Court of Uttarakhand made out - Petition dismissed.

 (Paras 40 , 44 , 45 , 47) 

Cases Referred Chronological Paras

AIR 1954 SC 280

2 (1993) 2 SCC 507

3 (1996) 4 SCC 457

4 (2005) 12 SCC 503

5 (1985) 1 SCC 144

6 (2005) 12 SCC 505

Judgement

1.V. RAMASUBRAMANIAN, J. :-While Transf