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of <h1>Appellate Court Affirms Executors Must Manage Estates Per Will; Non-Probate Asset Disputes for Civil Court Resolution.</h1> <h3>Chanan Devi Versus Des Raj and Ors.</h3> The appellate Court upheld the lower Court's decision, denying the executrix's applications for additional assets not listed in the probate schedule. The ... - Issues:1. Discrepancy in the assets mentioned in the will and the actual assets found.2. Repeated dismissal of applications seeking delivery of additional assets from the locker.3. Interpretation of the purpose and content of a probate.4. Applicability of Court's inherent jurisdiction under Section 151 of the Code of Civil Procedure.5. Application of Court-fees Act provisions in probate matters.6. Dispute regarding ownership of assets not included in the probate schedule.7. Application of principles of res judicata in probate proceedings.Analysis:1. The case involves a discrepancy between the assets mentioned in a will and the actual assets found in a locker after the testator's death. The appellant, as the executrix, sought delivery of all assets but faced resistance due to the difference in the inventory.2. The appellant made multiple unsuccessful applications to obtain the additional assets from the locker, leading to dismissals by the District Judge and subsequent appeals. The repeated rejections were based on previous orders and the perceived lack of merit in the relief sought.3. The judgment delves into the interpretation of a probate's purpose, emphasizing that it is granted to administer the deceased's estate, allowing the executor to collect and manage all assets. The Court highlighted the executor's responsibility to handle the estate as per the will.4. The appellant invoked the Court's inherent jurisdiction under Section 151 of the Code of Civil Procedure, citing suffering due to the Court's error in appending the schedule of assets to the probate. This raised questions about the extent of the Court's authority in rectifying its mistakes.5. The Court analyzed relevant provisions of the Court-fees Act, emphasizing the need for accurate valuation of property in probate matters. The appellant argued that the schedule of assets should not be part of the probate, leading to a discussion on the Court's error in attaching the schedule.6. A dispute arose regarding the ownership of assets not included in the probate schedule, prompting discussions on the appropriate forum to resolve such disputes. The parties disagreed on whether the matter should be settled in a probate Court or a civil Court.7. The application of the principles of res judicata in probate proceedings was debated, with the respondents asserting that previous decisions had conclusively determined the relief sought by the appellant. The Court considered the impact of past judgments on the current application.In conclusion, the judgment addressed various legal intricacies surrounding probate, asset distribution, Court's jurisdiction, and application of relevant laws. It emphasized the executor's duties, rectification of Court errors, and the need for clarity in probate proceedings.
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