Can injunction be granted in probate proceedings?

Can injunction be granted in probate proceedings?

Amrendra Dhwaj Singh & Anr. VS. Prem Kumar Singh & Ors.

Para 9: Per contra, the learned senior counsel for the respondent no. 1 has strenuously submitted that in a proceeding for a probate or letters of administration no corporeal right over the property is under dispute and it is only the genuineness of the will which is to be investigated and as such no order pertaining to the property should be passed, and the provisions of Order 39 Rule 1 & 2 of the Civil Procedure Code relating to grant of temporary injunction also cannot be invoked.


Para 13: Conspectus of the aforesaid provisions makes it clear that the Code of Civil Procedure has application to the proceeding in relation to the grant of probate and letters of administration save as otherwise provided in the Indian Succession Act. It is also manifest that in such proceeding the court has the power of pendente lite administration of the estate of the deceased testator while determining  the validity of his will. It is, thus, reasonably discernible that such court must be deemed to possess the necessary power to protect the property of the deceased testator from being wasted, damaged or dissipated during the pendency of the proceeding. The absence of such jurisdiction cannot be accepted on the basis of the lugacious plea that no property is involved in the suit or proceeding for grant of probate or letters of administration.

Even when the provisions of Order 39 Rule 1 & 2 of the Civil Procedure Code may not be strictly applicable in such cases, the supplemental provision in Section 94 and the inherent powers under Section 151 of the Civil Procedure Code as well as Order 39 Rule 7 of the Civil Procedure Code are there to invest such court with necessary jurisdiction to pass an interim order for the protection of the deceased testator. Such jurisdiction of a probate court has also seen recognized by a Bench Decision in the case of Atul Bala Dasi Vs. Nirupama Devi where lordships have observed as follows:

We have already noticed the provisions contained in Sec. 247 & 269, Succession Act. Even when the exercise of the powers given to the probate court under S. 247 Succession Act cannot obviate the difficulties or protect the properties, the powers of that court are wide enough to issue temporary orders restraining other persons for interfering with the properties which are the subject matter of testamentary disposition.


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