Sree Ranjit Kumar Mondal and others Vs Mst. Joygun Nesa and others

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Case information

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Official index description (excerpt)

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It is a settled principle of law that, in a probate proceeding, the Court is not competent to determine questions relating to the title or ownership of the property bequeathed under a Will. The sole enquiry in such proceedings is whether the testator duly executed the Will and whether it represents his last Will and testament. It is equally well settled that the grant of probate establishes only the due execution, genuineness and operative character of the Will. It neither invalidates any subsequent transfer nor declares that the beneficiaries under the Will have acquired a better title to the property. However, a subsequent purchaser may oppose the grant of probate only on grounds relating to the genuineness or validity of the Will, such as by alleging that the Will is forged or fabricated, was not duly executed or attested in accordance with law, that the testatrix lacked testamentary capacity, or that its execution was surrounded by suspicious circumstances. But, such a purchaser cannot invite the probate Court to adjudicate questions of title or to declare that his or her sale

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