Procedure to be followed 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 CS(OS) 1166/2004 Page No. 23 of 42 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
https://www.lawweb.in/2012/08/procedure-to-be-followed-if-two.html
"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 CS(OS) 1166/2004 Page No. 23 of 42 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
https://www.lawweb.in/2012/08/procedure-to-be-followed-if-two.html
