The High Court held that probate proceedings do not determine title to property. The Miscellaneous Petition was dismissed as withdrawn, and pending chambers were disposed of as infructuous.
Miscellaneous Petition dismissed as withdrawn; pending summons and notice of motion disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
911-MPTL358-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION (L) NO. 358 OF 2016
IN
TESTAMENTARY PETITION NO. 19 OF 1973 WITH
NOTICE OF MOTION NO. 63 OF 2016
Mahesh Kanji Patel & Another…Petitioners
Versus
Manji Devji Patel & 3 Others…Respondents
Mr. V.M. Vaghela, for the Petitioners.
Mr. Anurag Gokhale, AGP, for Respondent No. 2.
Mr. Tejas Vora, i/b M/s. Divya Shah & Co., for Respondent No. 1.
Mr. Manoj Badgujar, i/b Mr. A.P. Kulkarni, for Respondent No. 3
Mr. J.S. Kini, with Mr. Suresh Dubey, i/b Mr. Deepak Thakre, for
Respondent No. 4.
CORAM: G.S. PATEL, J DATED: 4th May 2016
PC:-
1.The Miscellaneous Petition is admittedly concerned with title
to a particular property in respect of which probate was obtained.
Probate proceedings do not determine the title; that is well-settled
in law. There is no adjudication as to the validity or correctness of
title by way of or on account of probate being granted. Whether or
Page 1 of 2
4th May 2016
911-MPTL358-16.DOC
not the Testator had ownership or leasehold rights is not determined
by the probate proceedings. All these are the subject matter of a
properly instituted Civil Suit brought within the prescribed period
of limitation.
2.In my view, no Authority or functionary is entitled to treat
probate as conferring, establishing or transferring title to any
property. Where disputed, that can only be determined by a Civil
Court of competent jurisdiction in appropriate civil action.
3.With these observations, the Miscellaneous Petition is
dismissed as withdrawn. All contentions are expressly kept open on
all sides, including as to the issue on limitation, it being clarified that
these proceedings is not one such as would operate to save
limitation or to extend the period of limitation.
4.The pending Chamber Summons and Notice of Motion do
not survive and are disposed of as infructuous.
5.In addition, the learned Advocate for the Miscellaneous
Petition withdraws all allegations made against the State
Government in these proceedings.
(G. S. PATEL, J.)
Page 2 of 2
4th May 2016
2 issues framed by the court
Whether probate proceedings determine title to property or ownership
Whether an authority can treat probate as conferring or transferring title
Mahesh Kanji Patel
Manji Devji Patel
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court