Notes on Civil & Property Laws
A Hindu Grandchild has no vested right in the property during the lifetime of his own parent
As against the popular belief, a grandchild does not acquire any right in the property of his Grandfather or Grandmother by reason of his birth. The said concept used to prevail before the advent of the Hindu Succession Act, 1956. The position was clarified by the Hon'ble Supreme Court in its 1986 judgement of Commissioner of Wealth Tax vs. Chander Sen. The Supreme Court further stated that the 1956 Act being a progressive Act, superseded the erstwhile concept of joint family property under the Mitakshara laws. With the 1956 Act being in place, the property which a son or daughter inherits from his/ her parent is akin to his/ her own self acquired property, and during his/ her lifetime their own children remain spes successionis and nothing further. This judgement holds ground and is considered a landmark judgement in property law. A large number of litigation however continue to revolve around the same despite the judgement.
Probate Court has the exclusive Jurisdiction to grant Probate of a Will
The Hon'ble Supreme Court has in catena of judgements held that no court other than a Probate Court could grant Probate of a Will. The grant of probate is final as against the entire world, subject to an appeal for revocation if made in accordance with the provisions of the Succession Act. That is an order in Rem. Accordingly, no Civil Court or an Arbitrator can exercise such jurisdiction even if such exercise has been consented by the parties to the litigation to adjudicate upon the validity of the Will. [Chiranjilal Goenka vs. Jasjit Singh, 1993 (2) SCC 507]