Probate does not bar a civil title suit where joint family property claims remain open for evidence.

Grant of probate establishes only the due execution and genuineness of a will; it does not determine the testator's title to the properties or decide whether the assets are joint Hindu family or self-acquired property. A civil court may still examine title on evidence in a suit for declaration and permanent injunction, even where probate has been granted. On that basis, the probate order did not bar the civil suit, and dismissal of the suit as not maintainable on that preliminary ground was incorrect.

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Issues: Whether the grant of probate of a will bars a civil suit for declaration of title and permanent injunction in respect of properties claimed to be joint Hindu family properties.

Analysis: The suit pleaded that the properties were ancestral and joint family properties of a Hindu undivided family and that the deceased had acquired them from ancestral income. The probate court was concerned only with due execution and validity of the will, and not with the testator's title to the properties or the question whether the properties were joint family or self-acquired properties. A probate may conclusively establish the genuineness and due execution of the will, but it does not foreclose a civil court from trying the issue of title on evidence in a suit for declaration and injunction.

Conclusion: The grant of probate did not render the civil suit not maintainable, and dismissal of the suit on that preliminary ground was incorrect.

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