Latest Supreme Court Judgement On Probate Of Will

Probate of a will is a critical legal process that ensures the validity of a will and facilitates the smooth administration of a deceased person’s estate. The latest Supreme Court judgements on probate of will provide valuable insights into the interpretation and application of laws governing wills in India. These decisions clarify crucial aspects, such as the necessity of obtaining probate, the jurisdictional scope under the Indian Succession Act, 1925, and the responsibilities of executors in administering estates.

In this blog, we delve into two significant cases, Kanta Yadav vs Om Prakash Yadav (2019) and Wilson Prince vs The Nazar (2023), to understand their impact on probate laws in India. These rulings address issues like jurisdictional requirements for probate, the validity of wills, and the destruction of estate records, offering guidance for executors, beneficiaries, and legal practitioners.

Will

An individual's desires for the transfer of their possessions and the care of any minor dependents after their death are documented in a will, also called a testament. It enables a person (testator) to:

• Indicate which recipients will get assets like cash, investments, real estate, and personal items.
• Select an executor who will be in charge of making sure the estate is managed in accordance with the terms specified in the will.
• If they have minor children, make preparations for guardianship.
• Provide further detailed instructions, such as bequests or charitable contributions.

In contrast to default statutory laws, a properly prepared will ensures that the estate is distributed in accordance with the testator's preferences and offers legal clarity. When there is no will, the estate is split in accordance with succession laws, which could not reflect the wishes of the deceased. This situation is known as intestacy.

A will must comply with certain legal standards that guarantee its validity and clarity in order to be deemed legitimate under the Indian Succession Act, 1925. These legal requirements are mentioned as follows:

Capacity

The testator should possess a sound mind when he is drafting the will. The testator here is the person making the will. The testator should be able to comprehend the nature of the will and the effect of their actions. Not only that but they should understand the extent of the property they are bequeathing.

In order to form a will, the testator must also be legally competent, which usually means they must be at least eighteen years old and free from any legal disabilities, such as undue influence or mental impairment.

A person is deemed incapable of making a valid will when they are intoxicated, mentally sick, or experiencing any other circumstance that impairs their judgment and comprehension.

Voluntariness

The decision must be taken voluntarily, free from pressure, undue influence, or compulsion. The testator need to be behaving freely and being fully aware of the consequences of their choices.

The court may declare the will void if it can be demonstrated that it was made through coercion, fraud, or manipulation.

Execution & Witnessing

The testator must sign the will in writing, or if the testator is unable to sign it themselves, someone else must do it in their presence and under their supervision.

At least two witnesses must be present when the testator signs the will, and they must both sign it to confirm that the testator did so. To prevent conflicts of interest or disagreements over the will's validity in the future, these witnesses ought to be impartial and not the will's beneficiaries.

The method the testator signs must demonstrate their intention to carry out the terms of the will. To verify the document's authenticity, the witnesses must sign it in front of the testator after witnessing or acknowledging their signing.

Also Read : Unregistered will in India

Probate: Definition & Process

Probate is a legal procedure in India by which a court validates a will, confirming its proper execution and authorizing the executor to administer the deceased's estate according to the will's instructions. This process provides legal certainty in asset distribution and helps prevent disputes among beneficiaries. According to the Indian Succession Act, 1925, probate is compulsory for wills that dispose of immovable property situated within the ordinary original civil jurisdiction of the High Courts of Calcutta, Madras, and Bombay.

For wills dealing only with movable property or immovable property outside these jurisdictions, probate is not mandatory but can be obtained for added legal validity. Although it is still voluntary in other regions of the country, people frequently seek it for legal clarity, particularly in situations that are challenging. Several crucial steps are included in the probate process:

Filing The Probate Petition

A petition is filed in the relevant court by the executor specified in the will or by another interested party. A list of assets, the deceased's death certificate, and the original will are all included in this petition.

Issuing Notices

All heirs and prospective beneficiaries receive notices from the court about the probate process. Any interested parties can object at this stage if they think the will was made under duress or is false.

Court’s Examination

The will and any objections are examined by the court. This could entail assessing supporting documentation like expert opinions or witness statements, particularly if the testator's signature is questioned.

Grant Of Probate

A probate order, which formally recognizes the will and gives the executor permission to administer and divide the estate, is issued by the court if it is convinced that the will is authentic and devoid of any questionable circumstances.

Also Read : Probation of Will in India

Recent Case Laws

A few recent case laws based on probate of will are:

A. Kanta Yadav vs Om Prakash Yadav (2019)

Zorawar Singh owned immovable property in New Delhi and created a will on 16 June 1985 and a codicil on 21 October 1995, bequeathing a self-acquired property to both parties involved in the case. But he passed away on 4 January 1986. Two lawsuits were filed. The respondents in the case filed suit number CS (OS) No. 3310 of 2012. This suit sought a declaration and permanent injunction concerning Zorawar Singh's will and codicil and a will executed by Zorawar Singh's wife, Smt. Ram Pyari, on 18 June 2009. The appellant in this case filed suit number CS (OS) No. 430 of 2012. This suit claimed natural succession.

Issue

The appeal before the Supreme Court centred on whether obtaining probate or letters of administration for a will is necessary in Delhi, considering it was part of Punjab before 1 November 1966. The respondents argued that Section 57 of the Act applies only to properties and parties located in Bengal, Madras, or Bombay.

Judgement

The Supreme Court examined Sections 213 and 57 of the Indian Succession Act and cited previous judgements from the Punjab and Haryana High Courts, Delhi High Court, and the Supreme Court case Clarence Pais & Ors. v. Union of India. The Court concluded that the Act applies to wills made by Hindus, Buddhists, Sikhs, or Jains in the following circumstances:

1. Wills made within the jurisdiction of the Lieutenant-Governor of Bengal or the ordinary original civil jurisdiction of the High Courts of Madras or Bombay (Section 57(a)).
2. Wills made outside these territories but relating to immovable property within them (Section 57(b))

The Court clarified that Section 213(2) only applies to wills by Hindus, Buddhists, Sikhs, or Jains falling under Section 57(a) or (b). Therefore, Section 57(c) was not applicable in this case.

The Supreme Court upheld the decision of the Delhi High Court's Division Bench, dismissing the appeal. The Court affirmed that probate or letters of administration are only required if the individuals or properties are subject to the jurisdiction of the Lieutenant-Governor of Bengal or the High Courts of Madras or Bombay.

B. Wilson Prince vs The Nazar (2023)

Facts Of The Case

Rev. Davenport executed a Will in 1969, appointing M/s King and Partridge as the executor. The executor, through its senior partner Mr. Chakravarthy Duraisamy, obtained probate in 1972 and subsequently administered the estate. In 2016, Smt. Mary Brigit, claiming to be a beneficiary, sought a copy of the probate. Her Writ Petition, seeking a direction to provide the copy, was dismissed by the High Court due to the unavailability of records.

A. Wilson Prince, one of Smt. Brigit's successors filed the current SLP challenging the High Court's order.

Arguments & Findings

The petitioner argued that the original Will should have been preserved and sought an investigation. The respondents, including the District Judge's office, stated that the records, including the Will, were likely destroyed in 1998 following the Destruction of Records Act, 1917.

The court acknowledged the possibility that the original Will may have been returned to the executor or even the legatee.

Court's Observations

The court noted that the executor had duly administered the estate in 1973, with no objections raised at the time. It observed that Smt. Brigit's claim was based on limited information and appeared to be speculative.

Court's Decision

The court, recognizing the lapse of time and the lack of concrete evidence, upheld the High Court's decision, dismissing the SLP. The court concluded that it could not order an investigation based on mere speculation and without the petitioner having knowledge of the Will's contents.

Conclusion

The latest Supreme Court judgements on probate of will emphasize the importance of adhering to legal procedures for validating and administering a will. These rulings provide clarity on critical aspects such as jurisdiction, the necessity of probate, and the responsibilities of executors in safeguarding the rights of beneficiaries.

The cases of Kanta Yadav vs Om Prakash Yadav (2019) and Wilson Prince vs The Nazar (2023) highlight how the judiciary addresses complex disputes surrounding probate. They underscore the need for thorough documentation, the role of courts in resolving ambiguities, and the significance of preserving estate records for future reference.

Understanding these judgements equips executors, beneficiaries, and legal practitioners with the knowledge required to navigate probate processes effectively and ensure compliance with the Indian Succession Act, 1925. As the legal landscape continues to evolve, staying informed about such landmark decisions is vital for anyone involved in estate planning or administration.

FAQs

A few FAQs are as follows:

Q1. What is a will (testament)?

A will is a legal document that outlines an individual's wishes regarding the distribution of their assets (property, money, possessions) and the care of minor children after their death.

Q2. What is intestacy?

Intestacy occurs when a person dies without a valid will. In such cases, their estate is distributed according to the applicable succession laws, which may not reflect their intended beneficiaries.

Q3. Who can be a witness to a will?

Witnesses should be impartial individuals who are not beneficiaries of the will. This helps prevent conflicts of interest and ensures the will's validity.

Q4. What makes a person incapable of making a valid will?

Intoxication, mental illness, or any other condition that impairs judgment and understanding can render a person incapable of making a valid will.

Q5. What is probate?

Probate is the legal process by which a court validates a will, confirming its proper execution and authorizing the executor to administer the deceased's estate according to the will's instructions.

Q6. Is probate mandatory in India?

Probate is compulsory for wills disposing of immovable property located within the ordinary original civil jurisdiction of the High Courts of Calcutta, Madras, and Bombay. For other cases, it's not mandatory but is often sought for added legal validity and to prevent disputes.