Case Note & Summary
The petitioner, Sarwan Kumar Jhabarmal Choudhary, filed a testamentary petition (L) No. 6300 of 2024 in the Bombay High Court seeking probate of the Last Will and Testament of the deceased, who was a Non-Resident Indian domiciled in Ecuador. The respondent, Sachin Shyamsundar Begrajka, was named as the sole executor and trustee in the Will. The petitioner contended that the Will was duly executed by the testator in Ecuador in the presence of two witnesses, and that the testator was of sound mind and testamentary capacity. The respondent supported the petition. The court, after hearing the parties, examined the validity of the Will under Section 63 of the Indian Succession Act, 1925, and the jurisdiction under Section 276 of the Act. The court found that the Will was executed in accordance with law, as the testator signed the Will in the presence of two witnesses who attested it in his presence. The court also held that it had jurisdiction because the executor was an Indian inhabitant of Mumbai. Accordingly, the court allowed the petition and granted probate of the Will to the respondent, subject to compliance with formalities. The judgment was pronounced on 16th October 2025 by a division bench comprising M.S. Karnik and N.R. Borkar, JJ.
Headnote
A) Succession Law - Probate - Validity of Will Executed Abroad - Section 63, Indian Succession Act, 1925 - The court considered whether a Will executed by a Non-Resident Indian in Ecuador was validly executed and attested. The court held that the Will was executed in accordance with Section 63 of the Indian Succession Act, 1925, as the testator signed in the presence of two witnesses who attested the Will in his presence. The court granted probate to the executor named in the Will. (Paras 1-5) B) Succession Law - Jurisdiction - Probate of Will of NRI - Section 276, Indian Succession Act, 1925 - The court examined whether the Bombay High Court had jurisdiction to grant probate of a Will executed by an NRI domiciled in Ecuador. The court held that since the testator was an NRI and the executor was an Indian inhabitant of Mumbai, the court had jurisdiction under Section 276 of the Indian Succession Act, 1925. (Paras 1-5)
Issue of Consideration
Whether a Will executed by a Non-Resident Indian in Ecuador is valid and whether probate can be granted by the Bombay High Court.
Final Decision
The court allowed the testamentary petition and granted probate of the Last Will and Testament of the deceased to the respondent, Sachin Shyamsundar Begrajka, as the sole executor and trustee, subject to compliance with necessary formalities.
Law Points
- Validity of Will executed abroad
- Section 63 Indian Succession Act
- 1925
- Probate jurisdiction
- Testamentary capacity
- Attestation requirements
