https://www.taxtmi.com/caselaws?id=173283 Probate jurisdiction under the Indian Succession Act is special and exclusive: the probate court alone must decide due execution, genuineness and validity of a will, preserve the original will, and either grant or refuse probate. Because a probate order operates in rem and is conclusive unless revoked, neither a civil court nor an arbitrator can determine proof or validity of the will once probate jurisdiction is attracted. Jurisdiction arises from law and cannot be created or displaced by consent or waiver, so a private arbitration reference cannot override the statutory probate forum. The will-related dispute therefore remained within the exclusive province of the probate court. en-us Thu, 18 Mar 1993 00:00:00 +0530 Fri, 11 Sep 2015 16:40:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173283 Probate jurisdiction under the Indian Succession Act is special and exclusive: the probate court alone must decide due execution, genuineness and validity of a will, preserve the original will, and either grant or refuse probate. Because a probate order operates in rem and is conclusive unless revoked, neither a civil court nor an arbitrator can determine proof or validity of the will once probate jurisdiction is attracted. Jurisdiction arises from law and cannot be created or displaced by consent or waiver, so a private arbitration reference cannot override the statutory probate forum. The will-related dispute therefore remained within the exclusive province of the probate court. Case-Laws Indian Laws Thu, 18 Mar 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173283