CHANDRABHAI K. BHOIR & ORS. versus KRISHNA ARJUN BHOIR & ORS.

CHANDRABHAI K. BHOIR & ORS. versus KRISHNA ARJUN BHOIR & ORS.

Testamentary court exercising jurisdiction under Section 302 of the Indian Succession Act, 1925 can enforce only the terms of the Will, not the terms of agreements which alter or are inconsistent with the Will. Any conflict between the Will and such agreements must be resolved in an independent suit, not in probate proceedings.

Parties
Appellants: Chandrabhai K. Bhoir & Ors.; Respondents: Krishna Arjun Bhoir & Ors.
Jurisdiction
India
Judgment Date
07 November 2008
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Bombay High Court
Outcome
Appeal allowed; impugned judgment set aside.
Legal Topics
Probate, Applicability of Succession Act S.302, Doctrine of Res Judicata, Will and Agreements, Testamentary Court Jurisdiction
Succession Law Testamentary Jurisdiction Probate Applicability of Succession Act S.302 Doctrine of Res Judicata Will and Agreements Testamentary Court Jurisdiction

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Parties

Chandrabhai K. Bhoir & Ors.

Appellants

Krishna Arjun Bhoir & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Bombay High Court

Legal Issues

  1. 1 Whether the terms of a Will can be changed/altered by an agreement between parties and enforced under s.302 of the Succession Act, 1925
  2. 2 Whether the testamentary court can enforce a contract qua contract in exercise of its jurisdiction under s.302
  3. 3 Whether the doctrine of res judicata applies to orders passed without jurisdiction in such a context

Ratio Decidendi

Testamentary court exercising jurisdiction under Section 302 of the Indian Succession Act, 1925 can enforce only the terms of the Will, not the terms of agreements which alter or are inconsistent with the Will. Any conflict between the Will and such agreements must be resolved in an independent suit, not in probate proceedings.

Court Disposition

Appeal allowed; impugned judgment set aside.

Orders

  • The impugned judgment of the High Court is set aside.
  • The appeal is allowed.