Supreme Court of India · 1993-03-18
EMPLOYERS IN RELATION TO MANGT.OF W.C. vs SAMYUKTA KHADAN MAZDOOR SANGH
- Citation / case number
- SC 1992/67111
- Court
- Supreme Court of India
- Petitioner
- EMPLOYERS IN RELATION TO MANGT.OF W.C.
- Respondent
- SAMYUKTA KHADAN MAZDOOR SANGH
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that under Sections 8 and 14 of the Arbitration Act, an arbitrator does not have the jurisdiction to determine the execution and genuineness of a will, which falls exclusively within the purview of the probate court as per Sections 213 and 276 of the Indian Succession Act, 1925. The Court clarified that the arbitration agreement cannot extend to matters that require the probate court's exclusive jurisdiction. Consequently, the arbitrator's decisions on issues related to the will were deemed invalid, and the probate court retains the authority to adjudicate such matters.