Supreme Court of India
Maddineni Koteswara Rao v. Maddineni Bhaskara Rao and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid decision of this Court, it ls clear that in a suit for partition, a party who is claiming share in the D plaint scheduled property, is entitled to plead for grant of -/... probate of the Will executed by the deceased father of the parties and for which no separate suit needed to be filed.
Judgment, page 11
From the headnote
Partition - Suit for, in respect of joint family property - Jurisdiction of Court to adjust shares at the final decree stage c - Preliminary decree passed whereby the parties as well as their father found entitled to 1!4th share each - While partition suit was pending for passing of preliminary decree, father of the parties executed a registered Will bequeathing his share in favour of the respondent and died thereafter - Concurrent ~- findings of fact by Courts below that the Will was genuine - Such finding of fact not challenged - Entitlement of respondent to plead for grant of probate of
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