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october 2007

Supreme Court of India · 2007-10-12

Kanwarjit Singh Dhillon vs Hardyal Singh Dhillon And Ors

Citation / case number
AIR 2008 SUPREME COURT 306
Court
Supreme Court of India
Petitioner
Kanwarjit Singh Dhillon
Respondent
Hardyal Singh Dhillon And Ors
Bench
Tarun Chatterjee, Dalveer Bhandari

Judgment text excerpt

The Supreme Court upheld the dismissal of a civil suit for declaration and permanent injunction regarding ancestral properties after the grant of probate for a Will executed by the appellant's deceased father, late S.Kirpal Singh. The Court ruled that once probate is granted by a competent court, the jurisdiction of the Civil Court is ousted, as established under Section 218 of the Indian Succession Act, 1925. The Court affirmed the High Court's decision, reinforcing that the appellant's challenge to the Will was not valid post-probate.

Kanwarjit Singh Dhillon vs Hardyal Singh Dhillon And Ors · Niyam