IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION(C) NO. 799 OF 2007

VIDYA BHARGAVA ......PETITIONER(S)  

Versus

SHEKHAR BHARGAVA & ORS. .....RESPONDENT(S)

O R D E R

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  

......2.

- 2 -

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.

  .........................J.    ( R.V. RAVEENDRAN )

New Delhi;    .........................J. July 07, 2008.              ( LOKESHWAR SINGH PANTA )