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december 2003

Supreme Court of India · 2003-12-11

Uma Devi Nambiar & Ors vs T.C. Sidhan (Dead)

Citation / case number
AIR 2004 SUPREME COURT 1772
Court
Supreme Court of India
Petitioner
Uma Devi Nambiar & Ors
Respondent
T.C. Sidhan (Dead)
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the District Court lacked jurisdiction to adjudicate on the validity of a Will in summary proceedings under Sections 192 to 195 of the Indian Succession Act, 1925, which are confined to possession issues. The Court emphasized that the question of title cannot be determined in such proceedings, and the High Court correctly identified the lack of jurisdiction exercised by the District Court. Consequently, the Court upheld the High Court's decision to set aside the District Court's order granting possession based on the adjudication of the Will.

Uma Devi Nambiar & Ors vs T.C. Sidhan (Dead) · Niyam