“Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man for the representation is in some sort identified by the law with him who he represents.”
In Chiranjilal Shrilal Goenka, (1993) 2 SCC 507 the primary question arose, whether an Arbitrator appointed by Court, by consent of parties, would have jurisdiction to deal even with Probate Proceedings. It was held, answering the question in the negative, Probate Court alone has been conferred with the exclusive jurisdiction to grant Probate or Letters of Administration and parties, even by consent, cannot confer jurisdiction upon an Arbitrator to adjudicate upon the proof or validity of the Will. Obviously, the decision was only on the question of jurisdiction of an Arbitral Tribunal relating to Testamentary Proceedings.
– Hon’ble Justice V. Ramasubramanian, Ravinder Nath Agarwal v. Yogender Nath Agarwal, [Transfer Petition (Civil) No. 970 of 2016].
It is of interest, on 01.11.1991, SC had said, Justice V.S. Deshpande, Retired Chief Justice of Bombay High Court, by consent of parties, is appointed as Arbitrator to settle the dispute as to who would be the legal heirs to the estate of Late Chiranjilal Shrilal Goenka. The proof or validity of the Will was framed as an issue by the Arbitrator. It was not permissible, as we have been reminded.