Case Note & Summary
The petitioners, who are the legal heirs of the deceased Shrimantrao Patil, filed a writ petition challenging the order dated 24.11.2009 passed by the Civil Judge Junior Division, Latur, rejecting their application for a certified copy of the Will dated 08.08.1995 executed by Shrimantrao Patil. The Will was deposited in the Court of Civil Judge Junior Division, Latur, and the petitioners sought a certified copy thereof. The Civil Judge rejected the application on the ground that the Will was not registered and that probate was not obtained. The petitioners contended that under Section 57 of the Indian Succession Act, 1925, read with Section 74 of the Indian Evidence Act, 1872, they are entitled to obtain a certified copy of the Will as it is a public document deposited in a Court of law. The respondent, who was the original respondent in the application, opposed the petition, arguing that the Will was not registered and that probate was necessary. The High Court, after hearing both sides, held that the application for a certified copy of the Will cannot be rejected on the ground that the Will was not registered or that probate was not obtained. The Court observed that Section 57 of the Indian Succession Act, 1925, read with Section 74 of the Indian Evidence Act, 1872, clearly entitles any person to obtain a certified copy of a Will deposited in a Court of law. The Court further noted that the Will was deposited in the Court of Civil Judge Junior Division, Latur, and therefore, it is a public document. The Court set aside the impugned order and directed the Civil Judge Junior Division, Latur, to issue a certified copy of the Will to the petitioners within a period of four weeks from the date of receipt of the writ. The writ petition was allowed with no order as to costs.
Headnote
A) Succession Law - Certified Copy of Will - Section 57 of Indian Succession Act, 1925 - Right to Obtain Certified Copy - The petitioners, legal heirs of the testator, applied for a certified copy of the Will dated 08.08.1995 deposited in the Court of Civil Judge Junior Division, Latur. The Court rejected the application on the ground that the Will was not registered and probate was not obtained. The High Court held that Section 57 of the Indian Succession Act, 1925, read with Section 74 of the Indian Evidence Act, 1872, entitles any person to obtain a certified copy of a Will deposited in a Court of law, irrespective of registration or probate. The Court directed the Civil Judge to issue a certified copy of the Will to the petitioners. (Paras 4-6) B) Evidence Law - Certified Copy of Public Document - Section 74 of Indian Evidence Act, 1872 - Will Deposited in Court - A Will deposited in a Court of law is a public document under Section 74 of the Indian Evidence Act, 1872, and any person is entitled to obtain a certified copy thereof. The Court rejected the contention that probate is a prerequisite for obtaining a certified copy, holding that the right to obtain a certified copy is independent of the requirement of probate. (Para 5)
Issue of Consideration
Whether the petitioners are entitled to obtain a certified copy of the Will dated 08.08.1995 executed by Shrimantrao Patil under Section 57 of the Indian Succession Act, 1925, and whether the Civil Judge Junior Division, Latur, was justified in rejecting the application for certified copy on the ground that the Will was not registered and probate was not obtained.
Final Decision
The writ petition is allowed. The impugned order dated 24.11.2009 passed by the Civil Judge Junior Division, Latur, is quashed and set aside. The Civil Judge Junior Division, Latur, is directed to issue a certified copy of the Will dated 08.08.1995 to the petitioners within a period of four weeks from the date of receipt of the writ. Rule is made absolute accordingly. No order as to costs.
Law Points
- Section 57 of Indian Succession Act
- 1925
- Section 74 of Indian Evidence Act
- 1872
- Right to obtain certified copy of a will
- Distinction between probate and certified copy
- Applicability of Indian Succession Act to Hindu wills
