Supreme Court · 2021 INSC 86 · Decided 12 February 2021

Ravinder Nath Agarwal v. Yogender Nath Agarwal & ORS.

Court
Supreme Court of India
Citation
2021 INSC 86 · [2021] 3 S.C.R. 881
Case number
TRANSFER PETITION (CIVIL) No. 970/2016
Decided
12 February 2021
Bench
V. RAMASUBRAMANIAN (1-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Succession Act Section 57, 264(2), 264

Headnote

3 S.C.R. 881 881 RAVINDER NATH AGARWAL v. YOGENDER NATH AGARWAL & ORS. (Transfer Petition (Civil) No.970 Of 2016) FEBRUARY 12, 2021 [V. RAMASUBRAMANIAN, J.] Transfer Petition - Testamentary proceedings were initiated much after the partition suit - Two transfer petitions filed for him to establish his right as a legatee under the will, even without first obtaining letters of administration - Hence, his subsequent act of filing a testamentary case before High Court of Uttarakhand is nothing but a ruse to take advantage of the general proposition of law that probate

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