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december 2003

Supreme Court of India · 2003-12-11

UMA DEVI NAMBIAR vs T.C. SIDHAN(DEAD)

Citation / case number
SC 2002/8382
Court
Supreme Court of India
Petitioner
UMA DEVI NAMBIAR
Respondent
T.C. SIDHAN(DEAD)
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court ruled that the District Court lacked jurisdiction to adjudicate on the genuineness of a Will in summary proceedings under Sections 192 to 195 of the Indian Succession Act, 1925, which are limited to possession issues. The Court held that the High Court correctly identified the illegality of the District Court's order, as it improperly considered the validity of the Will, which should be addressed in appropriate proceedings. Consequently, the Supreme Court upheld the High Court's decision, reinforcing the principle that title disputes cannot be resolved in summary proceedings.

UMA DEVI NAMBIAR vs T.C. SIDHAN(DEAD) · Niyam