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.