Single judge dismissed a civil miscellaneous appeal against a trial court order that denied an application for probate. The court held that no probate is required for a will disposing of temple properties, especially when the applicant admitted public ownership.
Miscellaneous appeal and stay application dismissed.
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.
1
Mahant Siya Ram Das @ Kishori ji Vs. Ram Sevak Das & Another (S.B. Civil Misc. Appeal No.1998/2004)
Date: September 23, 2014.
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Sudesh Bansal, for the appellant.
Mr. Ravikant Sharma, for respondent.
This is an appeal against the order dated 30-4-2004 passed by the District Judge, Jaipur District, Jaipur dismissing the application filed by the appellant-plaintiff (hereinafter `the plaintiff') under Section 276 of the Indian Succession Act, 1925 for grant of probate.
Heard learned counsel for the parties and perused the impugned order dated 30-4-2004. The order passed by the trial court is a well considered one and brooks no interference. In my considered opinion, there was no question of grant of probate in respect of a will purporting to bring about testamentary/ disposition of public property (temple). The learned court below has also recorded the admission of the plaintiff himself that the property was a temple and no claim of private ownership thereof was even made.
In view of above, the misc. appeal is dismissed. Stay application also stands dismissed.
(Alok Sharma), J.
arn/
2
All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.
2 issues framed by the court
Whether probate should be granted where the will relates to public property (temple)?
Whether the trial court erred in dismissing the application under Section 276 of the Indian Succession Act, 1925?
1 provisions across 1 enactments
Mahant Siya Ram Das @ Kishori ji
Ram Sevak Das
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
