BINAPANI KAR CHOWDHURY versus SRI SATYABRATA BASU AND ANR.

BINAPANI KAR CHOWDHURY versus SRI SATYABRATA BASU AND ANR.

Trial court may proceed to hear arguments and deliver judgment in suit, and if decree is passed in favour of executor/legatee, it will take effect only after producing probate; Section 213 of Succession Act prevents decree establishing executor/legatee’s right from taking effect absent probate.

Parties
Appellant: Binapani Kar Chowdhury; Respondent: Sri Satyabrata Basu; Respondent: Mrs. Sarla Chandra
Jurisdiction
India
Judgment Date
16 May 2006
Procedural Posture
Civil Appeal / Appeal From High Court Order Rejecting Revision Petition
Outcome
appeal disposed of
Legal Topics
Probate of Will, Substitution of Legal Representative, Bar Under Section 213 of Succession Act
Succession Law Civil Procedure Probate of Will Substitution of Legal Representative Bar Under Section 213 of Succession Act

Case Brief

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Parties

Binapani Kar Chowdhury

Appellant

Sri Satyabrata Basu

Respondent

Mrs. Sarla Chandra

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Rejecting Revision Petition

Legal Issues

  1. 1 Whether Section 213 of Indian Succession Act bars a decree in a suit involving executor/legatee in absence of probate
  2. 2 Whether executor/legatee can be substituted as legal representative in suit initiated by testator
  3. 3 Effect of pending probate proceedings on disposal of the suit

Ratio Decidendi

Trial court may proceed to hear arguments and deliver judgment in suit, and if decree is passed in favour of executor/legatee, it will take effect only after producing probate; Section 213 of Succession Act prevents decree establishing executor/legatee’s right from taking effect absent probate.

Court Disposition

appeal disposed of

Orders

  • Trial court (Civil Judge, Senior Division, Alipore) to proceed to hear arguments and deliver judgment in the suit.
  • If suit is dismissed, nothing further required.