Case Note & Summary
The case involves a dispute between two real brothers, Deepak Shivram Patare (appellant) and Vijay Shivram Patare (respondent), over the estate of their maternal grandmother, Anjanabai, who died on 04.03.2005. Anjanabai had undivided interest in agricultural lands at Survey No.26/8/C+9+10 and Survey No.31/2/8 at Mauje Mundhawa, Pune. The controversy centers on two will deeds: one dated 22.12.2004 relied upon by the appellant, and another dated 17.02.2005 executed in favor of the respondent. The respondent had obtained probate of the will dated 17.02.2005 from the Civil Judge, Senior Division, Shrirampur, in Probate Application No.2 of 2019 vide judgment dated 10.11.2021. The appellant, feeling aggrieved, filed the present appeal under Section 384 of the Indian Succession Act, 1925, seeking revocation of the probate. The appellant argued that the will dated 22.12.2004 was the earlier will and that the probate of the subsequent will should be revoked because the appellant was not made a party to the probate proceedings. The appellant also sought to rely on a copy of the earlier will deed. The respondent contended that the probate was validly granted and that the appellant had no grounds for revocation under Section 383 of the Indian Succession Act. The Court framed two core issues: (i) whether a copy of a will deed not being an original document under Section 64 of the Evidence Act can be relied upon without demonstrating existence of circumstances enumerated in Section 65(a) to (e) of the Evidence Act; and (ii) whether a probate certificate granted under Indian Succession Act can be revoked except on grounds mentioned in Section 383 of the Indian Succession Act. The Court held that the appellant failed to prove the original will or any circumstances for secondary evidence, and that revocation of probate is only permissible on grounds under Section 383, which were not established. The Court dismissed the appeal, upholding the probate granted in favor of the respondent.
Headnote
A) Evidence Act - Admissibility of Secondary Evidence - Section 64 and Section 65 - Copy of Will Deed - The appellant sought to rely on a copy of a will deed dated 22.12.2004 without proving the original or establishing any of the circumstances under Section 65(a) to (e) of the Evidence Act, 1872. The Court held that a copy of a document is not admissible as evidence unless the conditions for leading secondary evidence are satisfied. (Paras 2-5) B) Indian Succession Act - Revocation of Probate - Section 383 - Grounds for Revocation - The appellant sought revocation of probate granted in respect of a subsequent will deed dated 17.02.2005, merely on the ground that the earlier will deed was not considered. The Court held that revocation of probate can only be sought on grounds enumerated in Section 383(a) to (e) of the Indian Succession Act, 1925, and mere existence of a prior will is not a ground for revocation. (Paras 2-6) C) Indian Succession Act - Probate - Binding Nature - Section 383 - The probate granted in respect of the will dated 17.02.2005 was not challenged on any of the grounds under Section 383. The Court held that the probate remains valid and binding, and the appellant cannot seek revocation without establishing any of the statutory grounds. (Paras 5-6)
Issue of Consideration
Whether a copy of a will deed not being an original document under Section 64 of the Evidence Act can be relied upon without demonstrating existence of circumstances enumerated in Section 65(a) to (e) of the Evidence Act; and whether a probate certificate granted under Indian Succession Act can be revoked except on grounds mentioned in Section 383 of the Indian Succession Act.
Final Decision
Appeal dismissed. The judgment and order dated 10.11.2021 passed by Civil Judge, Senior Division, Shrirampur in Probate Application No.2 of 2019 is upheld.
Law Points
- Admissibility of copy of will deed
- Section 64 Evidence Act
- Section 65 Evidence Act
- Revocation of probate
- Section 383 Indian Succession Act
- 1925
- Burden of proof for revocation
