Case Note & Summary
The Bombay High Court allowed a Chamber Summons filed by Pradeep Manek Shahani seeking his impleadment as respondent no.2 in Misc. Petition No. 87 of 2011, which was a petition for revocation of probate granted in respect of the last Will of the deceased. The applicant claimed to be a beneficiary under the same Will, entitled to equal shares in the property known as Gurdasmal Mansion along with the first respondent. The court reasoned that if the probate were revoked, the applicant's rights as a beneficiary would be seriously affected, making him a necessary and proper party to the revocation proceedings. The court relied on the principle of natural justice, citing the Supreme Court judgment in State Bank of India vs. Rajendra Kumar Singh and others, which held that even if a statute does not expressly require notice, no order should be passed affecting a person's rights without giving them an opportunity to be heard. The court allowed the Chamber Summons and directed that the applicant be impleaded as respondent no.2 to the Misc. Petition.
Headnote
A) Succession Law - Impleadment in Probate Revocation - Necessary and Proper Party - Indian Succession Act, 1925, Sections 263, 276 - Applicant, a beneficiary under the Will, sought impleadment in a revocation petition filed by the petitioners - Court held that if probate is revoked, the applicant's rights as beneficiary would be seriously affected, making him a necessary and proper party - Reliance placed on principle of natural justice that no order should be passed affecting a person's rights without giving them an opportunity of being heard (Paras 1-3).
Issue of Consideration
Whether a beneficiary under a Will is entitled to be impleaded as a party to a petition seeking revocation of probate granted in respect of the same Will.
Final Decision
Chamber Summons allowed. Applicant is directed to be impleaded as respondent no.2 to Misc. Petition No. 87 of 2011.
Law Points
- Impleadment of beneficiary in probate revocation proceedings
- Natural justice requires hearing for persons affected by revocation
- Necessary and proper party test
Case Details
Chamber Summons No. 144 of 2012 in Misc. Petition No. 87 of 2011 in Petition No. 222 of 1993
Mr. Vishal Kanade for the Petitioners, Mr. Robin Jaisinghani for the Respondent, Mr. Yash Kapadia for the Intervenor and Applicant in Chamber Summons
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Nature of Litigation
Chamber Summons for impleadment as respondent in a probate revocation petition
Remedy Sought
Applicant sought to be impleaded as respondent no.2 to Misc. Petition No. 87 of 2011
Filing Reason
Applicant claimed to be a beneficiary under the Will and argued that revocation of probate would affect his rights
Previous Decisions
Probate had been granted in respect of the last Will of the deceased; petitioners filed Misc. Petition No. 87 of 2011 seeking revocation of that probate
Issues
Whether a beneficiary under a Will is entitled to be impleaded as a party to a petition seeking revocation of probate granted in respect of the same Will.
Submissions/Arguments
Applicant argued that if probate is revoked, his rights as beneficiary would be seriously affected, making him a necessary and proper party. Reliance placed on State Bank of India vs. Rajendra Kumar Singh and others for the principle of natural justice.
Ratio Decidendi
A beneficiary under a Will is a necessary and proper party to a petition for revocation of probate because revocation would directly affect the beneficiary's rights. The principle of natural justice requires that no order be passed affecting a person's rights without giving them an opportunity of being heard.
Judgment Excerpts
By this Chamber Summons, applicant seeks his impleadment as respondent no.2 to the Misc.Petition No. 87 of 2011 on the ground that the deceased had bequeathed the property known as Gurdasmal Mansion situated at National Library Road, Bandra (West), Mumbai 400 050 in equal shares to the applicant alongwith the 1st respondent.
Mr.Kapadia, the learned counsel appearing for the applicant submits that if probate granted by this Court in respect of the last Will of the deceased is revoked, applicant who is one of the beneficiary under the said Will, would be seriously affected and is thus necessary and proper party to the revocation petition filed by the petitioner and should be impleaded.
Procedural History
Probate was granted in respect of the last Will of the deceased. Petitioners filed Misc. Petition No. 87 of 2011 seeking revocation of that probate. Applicant filed Chamber Summons No. 144 of 2012 seeking impleadment as respondent no.2 in the Misc. Petition.
Acts & Sections
- Indian Succession Act, 1925: 263, 276
