Whether the principle of ‘Res Judicata’ applies to the proceedings under The Indian Succession Act?
A Judgment of probate Court granting probate of a will in favour of the Petitioner is presumed to have been obtained in accordance with the procedure prescribed by law and it is a judgment in rem. Therefore, the judgment of the competent probate court is final so far as the execution of the will and the matter cannot be re-opened in the Civil Court in any subsequent suit. Obviously, the question of title of the testator of the will cannot be decided in proceedings for the grant of probate or letters of administration and therefore, if the question of title of the testator rises in subsequent Civil suit, it may be adjudicated by that Court, (“Darshan singh Vs. Kuldeep singh” (reported in AIR – 1979 (Punjab) -250)).
