Supreme Court of India
Ravinder Nath Agarwal v. Yogender Nath Agarwal & Ors.
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From the headnote
Transfer Petition – Testamentary proceedings were in itiated much after the partition suit – Two transfer petitions f iled seeking transfer of partition suit from Delhi to Nainital, U ttarakhand and of testamentary case from Uttarakhand to Delhi – Held: Peti tioner was convinced that there was no bar for him to establish hi s right as a legatee under the will, even without first obtai ning letters of administration – Hence, his subsequent act of filing a tes tamentary case before High Court of Uttarakhand is nothing bu t a ruse to take advantage of the general proposition of law th at probate
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