The first respondent herein, who is the son of Late Kanhiyalal Bhargava, has
filed a petition for probate in regard to the Will allegedly left by said Kanhiyalal
Bhargava in the High Court of Madhya Pradesh, Indore Bench. According to him, he
and the petitioner herein are the co-executors of the Will.
2. The petitioner has filed this petition for transfer of the said probate
proceedings from the High Court of Madhya Pradesh to High Court of Delhi. It is not
disputed that considerable properties of Kanhiyalal Bhargava are situated at Indore. It
is also not disputed that the said Will was executed at Indore and the attesting witnesses
are from Indore. In fact, it is not the case of the petitioner that Kanhiyalal Bhargava did
not execute the said Will. However, according to the petitioner, Kanhiyalal Bhargava
executed a subsequent Will in favour of a Public Trust and
that Public Trust has also filed a petition for probate. But we are not concerned with the
said proceedings.
3. Having regard to the nature of the proceedings that are pending in the High
Court of Madhya Pradesh and the nature of contest by petitioner, this is not a fit case
for transfer from Indore to Delhi. The petition is dismissed.