Transfer Petition (civil) No. 1531 of 2018
Section 25 of Code of Civil Procedure
Petitioners Shamita Singha and Masoom Singha(Daughters of the deceased born by first wife) have filed this transfer petition in the Supreme Court to get the suit, CS (OS) NO. 2888 of 2014 which was earlier filed in Delhi High Court on date 18/09/2014, by Rashmi Ahluwalia(w/o deceased) against Shamita Singha for partition of the property,transferred to the Bombay High Court and clubbed with T petition No. 821 of 2016 filled by Shamita Singha on date 22/04/2016, under the testamentary and intestate jurisdiction of The Bombay HC. The defendant claims that the probate court also has the jurisdiction to deal with the matters concerned with legality of a will and petitioners claimed that the Testamentary Proceedings will have direct impact on the partition case; therefore both the petitions should be tried together in Bombay HC.
Nirmala Devi v. Arun Kumar Gupta and ors (2005) 12 SCC 505
It was held that the suit filed for partition can be heard together with testamentary proceedings. As the decisions given in testamentary proceedings will have direct impact on the case file for partition.
Kanwarjit Singh Dhillon v. Hardyal Singh Dhillon & ors (2007)11 SCC 357
It was held by the Supreme Court that Probate Court do not have the jurisdiction to determine the question of title of the property mentioned in the will.
Chitivalasa Jute Mills v. Jaypee Rewa Cement [ (2004) 3 SCC 85]
SC held that if the two suits filed in two different HCs have same litigants and also the facts are same then the suits should be heard together.
Suit filed in Delhi HC should be transferred to the Bombay High Court and the Hon’ble Judge may hear both the suits together as most of the facts and proceedings will be same for both the suits. If the Hon’ble Judge does not have the Jurisdiction to hear the Probate Suits then both the cases can be placed before the Hon’ble Chief Justice of the Bombay HC.
Section 66A of the IT Act 2000, Article 19(1) of Indian Constitution and Section 118 (d0of the kerala Police Act.
Clause (4) of the Constitutional 39th Amendment Act, 1975