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october 2007

Supreme Court of India · 2007-10-12

KANWARJIT SINGH DHILLON vs HARDYAL SINGH DHILLON .

Citation / case number
SC 2005/14160
Court
Supreme Court of India
Petitioner
KANWARJIT SINGH DHILLON
Respondent
HARDYAL SINGH DHILLON .
Author
DALVEER BHANDARI TARUN CHATTERJEE
Bench
DALVEER BHANDARI TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's suit for declaration and permanent injunction regarding ancestral properties, affirming the High Court's ruling that the Civil Court lacked jurisdiction post-probate of a Will executed by late S.Kirpal Singh under the Indian Succession Act. The Court emphasized that once probate is granted, the validity of the Will cannot be contested in a civil suit unless the probate itself is challenged. The appeal was dismissed, confirming the legal principle that probate proceedings take precedence over civil suits concerning the same properties.

KANWARJIT SINGH DHILLON vs HARDYAL SINGH DHILLON . · Niyam