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 appellant relied on a will deed dated 22.12.2004, while the respondent relied on a subsequent will deed dated 17.02.2005 executed in his favor. The respondent had obtained probate of the 2005 will from the Civil Judge, Senior Division, Shrirampur, in Probate Application No.2 of 2019. The appellant, aggrieved by the grant of probate, filed an appeal under Section 384 of the Indian Succession Act, 1925, seeking revocation. The core legal issues were: (1) whether a copy of a will deed, not being an original document under Section 64 of the Evidence Act, can be relied upon without proving the circumstances under Section 65(a) to (e); and (2) whether a probate can be revoked on grounds other than those enumerated in Section 383 of the Indian Succession Act. The appellant argued that the 2004 will was a prior will and that he was not made a party in the probate proceedings for the 2005 will. The respondent contended that the appellant failed to produce the original 2004 will or prove its existence, and that the probate was validly granted. The court held that the appellant's copy of the 2004 will was inadmissible as secondary evidence without satisfying Section 65 conditions. Further, the court held that revocation of probate is only permissible on grounds under Section 383, and the appellant's non-impleadment in the probate proceedings does not constitute such a ground. The appeal was dismissed.
Headnote
A) Evidence Act - Admissibility of Secondary Evidence - Section 64, Section 65 - Copy of Will - A copy of a will deed, not being an original document, cannot be relied upon unless the party seeking to adduce it demonstrates the existence of circumstances enumerated in Section 65(a) to (e) of the Evidence Act. The court held that mere production of a copy without proving the original's non-availability or other statutory conditions renders it inadmissible. (Paras 2-3) B) Indian Succession Act - Revocation of Probate - Section 383 - Grounds for Revocation - A probate certificate granted under the Indian Succession Act can be revoked only on grounds mentioned in Section 383(a) to (e) of the Act. The court held that merely because a prior will exists and the party relying on it was not made a party in probate proceedings for a subsequent will, does not constitute a ground for revocation. (Paras 2-3)
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 court held that the copy of the will deed was inadmissible without satisfying Section 65 conditions, and revocation of probate is only permissible on grounds under Section 383 of the Indian Succession Act.
Law Points
- Admissibility of copy of will without original
- Section 64 Evidence Act
- Section 65 Evidence Act
- Revocation of probate
- Section 383 Indian Succession Act
- 1925
