Procedure to be followed by court if two contesting will is set up

Division Bench of the Madhya Pradesh High Court in Phool Singh v. Kosa Bai, 1991 (1) MPJR 352. The relevant observations in Phool Singh's case as set out in para 25 are as follows:-

"Therefore it follows that even if two contesting wills are set up, executed by a Hindu outside the territories mentioned in Section 57(a); regarding the property situated outside those territories, obtaining of a probate of a will from the Probate Court would not be necessary. As noticed by the learned referring Judge also, if that was to be so, it would be very easy for the other party to plead  and set up another will and thus to defeat the

right of the party to pursue his claim under a will unless he obtains probate thereof. Therefore,

with due respect, we do not agree with the view taken in Ramshanker's (supra) that in the case

of two contesting wills, exclusive jurisdiction is vested in the probate court and in such a case in a suit instituted by any party, no issue can be struck by a Civil Court to decide that the will was the last and valid will and the other will set up by the other party, stands revoked by the will relied on by the Plaintiff."

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