1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY T. & I. J. MISC. PETITION NO.33 OF 2009 IN TESTAMENTARY PETITION NO.646 OF 1999 Mrs.Sheela John Chandanshiv & Ors. ...Petitioners. Versus Mrs.Mangla Peter Chandanshiv & Anr. ...Respondents. ....... Mr.N.G. Karekar i/b. Mr. V.B. Sharma for the Petitioners. Ms. K.M. Bhatia i/b. Mr. A.M. Rajabally for the Respondents. ...... CORAM : DR. D.Y. CHANDRACHUD, J. September 4, 2009. P.C.: The Petitioners seek a revocation of the Letters of Administration issued to the First Respondent on 22nd August 2002, in pursuance of an order dated 20th August 2002 passed in Petition No.646 of 1999, in respect of a residential flat bearing No.NL-5/20/11, Sector-3, Nerul, Navi Mumbai-400 706. The sole ground on which a revocation has been sought, during the course of the submissions made before the Court, is that the title to the residential flat vests with John Francis Chandanshiv, the deceased spouse of the First Petitioner. No other submission has been urged. 2 Now, it is a well settled principle of law that a Court exercising testamentary jurisdiction, does not adjudicate upon the title to the property. This position of law has been reiterated in the judgment of the Supreme Court in Krishna Kumar Birla vs. Rajendra Singh Lodha,1 where the Supreme Court held as follows: “The jurisdiction of the Probate Court is limited being confined only to consider the genuineness of the will. A question of title arising under the Act cannot be gone into the (sic probate) proceedings. Construction of a will relating to the right, title and interest of any other person is beyond the domain of the Probate Court.” The same principle has been laid down in Chiranjilal Surilal Goenka vs. Jasjit Singh.2 In view of the well settled position in law, the Petitioners would have to be relegated to the remedies available under the law to file a civil suit to establish the title under which the Petitioners claim. The petition is accordingly dismissed leaving it open to the Petitioners to do so. ..... 1 (2008) 4 SCC 300 2 (1993) 2 SCC 507