ASHOK KUMAR SINGHAL AND ORS. versus STATE OF M.P. AND ANR.

ASHOK KUMAR SINGHAL AND ORS. versus STATE OF M.P. AND ANR.

The grant of probate by a competent civil court conclusively establishes share entitlement as indicated by the will, binding all parties unless revoked; therefore, appellants entitled to 2/3 share, respondents to 1/3 share.

Parties
Appellant: Ashok Kumar Singhal and Ors.; Respondent: State of M.P. and Anr.
Jurisdiction
India
Judgment Date
19 February 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 2.2.90 of Madhya Pradesh High Court in F.a. No. 24 of 1978
Outcome
Appeal allowed
Legal Topics
Probate, Share in Compensation, Will Interpretation
Succession Law Land Acquisition Probate Share in Compensation Will Interpretation

Case Brief

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Parties

Ashok Kumar Singhal and Ors.

Appellant

State of M.P. and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 2.2.90 of Madhya Pradesh High Court in F.a. No. 24 of 1978

Legal Issues

  1. 1 Entitlement to compensation share under a probated will
  2. 2 Binding nature of probate on parties until revoked

Ratio Decidendi

The grant of probate by a competent civil court conclusively establishes share entitlement as indicated by the will, binding all parties unless revoked; therefore, appellants entitled to 2/3 share, respondents to 1/3 share.

Court Disposition

Appeal allowed

Orders

  • Appellants entitled to 2/3 share, respondents to 1/3 share in compensation as per the probated will.
  • Order does not preclude respondents from initiating appropriate proceedings under law.