Supreme Court · 2008 INSC 1265 · Decided 7 November 2008
Chandrabhai K. Bhoir & ORS. v. Krishna Arjun Bhoir & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1265 · [2008] 15 S.C.R. 652
- Case number
- CIVIL APPEAL No. 6575/2008
- Decided
- 7 November 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Succession Act Section 302
Headnote
Succession Act, 1925 - s.302 - Applicability of - Jurisdiction of testamentary Court - Agreement between ).- c parties by which terms of Will changed/altered - Enforcing of - Held: The terms of the Will cannot be changed or altered in terms of an agreement - A probate when granted binds the whole in rem - Executor, therefore, has to administer the estate of the testator in terms of the D Will and not on the basis of the settlement arrived at by and between the parties - Jn case of any conflict between the terms of the Will and the settlement, the former would prevail ~ ~ - The
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