Case Note & Summary
The present appeal was filed under Section 384 of the Indian Succession Act, 1925, challenging the order dated 26.06.2023 passed by the Principal District and Sessions Judge, Haveri in P&SC No.9/2023, whereby probate was granted in respect of a Will dated 21.03.2022 executed by Bharmappa S/o. Huliyappa Jogappanavar. The respondent had instituted the probate proceedings without arraying any respondents. The appellants, who claimed to be interested parties, were not impleaded in the said proceedings. The core legal issue was whether the appellants, not being parties to the probate proceedings, could maintain an appeal under Section 384 of the Act. The appellants argued that they were necessary parties and had a right to be heard. However, the Court noted that the appellants were not parties to the proceedings and did not seek to implead themselves before the District Court. The Court held that only a person who is a party to the proceedings or who has been prejudicially affected by the order can maintain an appeal under Section 384. Since the appellants were not parties and failed to demonstrate any prejudice, the appeal was dismissed as not maintainable. The Court did not examine the merits of the Will or the probate.
Headnote
A) Succession Law - Appeal against grant of probate - Maintainability - Section 384 of the Indian Succession Act, 1925 - The appellants, who were not arrayed as respondents in the probate proceedings, challenged the grant of probate. The Court held that only a person who is a party to the proceedings or who has been prejudicially affected by the order can maintain an appeal under Section 384. Since the appellants were not parties and did not demonstrate any prejudice, the appeal was not maintainable. (Paras 3-5)
B) Succession Law - Locus standi - Person aggrieved - Section 384 of the Indian Succession Act, 1925 - The Court observed that the appellants, being strangers to the probate proceedings, cannot be considered 'persons aggrieved' by the grant of probate. The appeal was dismissed as not maintainable. (Paras 4-5)
Issue of Consideration
Whether the appellants, who were not parties to the probate proceedings, are entitled to maintain an appeal under Section 384 of the Indian Succession Act, 1925 against the grant of probate.
Final Decision
The appeal is dismissed as not maintainable. No order as to costs.
Law Points
- Section 384 of the Indian Succession Act
- 1925
- appeal by person not party to probate proceedings
- maintainability of appeal
- locus standi of non-party
Case Details
2024 LawText (KAR) (12) 47
MFA No. 102989 of 2024 (ISA)
Sri Chetan T. Limbikai (for appellants), Sri Girish S. Hiremath (for respondent/caveator)
Sri Sheshappa S/o. Baramappa Jogappanavar, Sri Basavantappa S/o. Honnappa Devagiri, Smt. Chaitra W/o. Fakkiresh Jogappanavar, Sri Bangarappa S/o. Honnappa Devagiri, Smt. Geeta W/o. Timmappa Hosur
Sri Praveen S/o. Basavantappa Jogappanavar
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Nature of Litigation
Appeal under Section 384 of the Indian Succession Act, 1925 against grant of probate.
Remedy Sought
Appellants sought to set aside the order granting probate and dismiss the probate petition.
Filing Reason
Appellants, who were not parties to the probate proceedings, challenged the grant of probate claiming they were interested persons.
Previous Decisions
The Principal District and Sessions Judge, Haveri allowed P&SC No.9/2023 and granted probate of the Will dated 21.03.2022 on 26.06.2023.
Issues
Whether the appellants, not being parties to the probate proceedings, can maintain an appeal under Section 384 of the Indian Succession Act, 1925?
Submissions/Arguments
Appellants argued that they are interested persons and necessary parties to the probate proceedings.
Respondent contended that the appellants were not parties and cannot maintain the appeal.
Ratio Decidendi
Only a person who is a party to the probate proceedings or who has been prejudicially affected by the grant of probate can maintain an appeal under Section 384 of the Indian Succession Act, 1925. Appellants who were not parties and did not demonstrate prejudice have no locus standi to appeal.
Judgment Excerpts
The present appeal is filed under Section 384 of the Indian Succession Act, 1925 calling in question the order dated 26.06.2023 passed in P&SC No.9/2023 by the Principal District and Sessions Judge, Haveri.
The relevant facts leading to the present appeal are that the respondent instituted proceedings in P&SC No.9/2023 under Section 372 of the Succession Act seeking for probate of the Will dated 21.03.2022 executed by one Bharmappa S/o. Huliyappa Jogappanavar.
No respondents were arrayed in the said proceedings.
The District Court by order dated 26.06.2023 allowed the said P&SC No.9/2023 and granted probate in respect of the Will dated 21.03.2022.
Being aggrieved, the appellants have filed the present appeal.
Procedural History
The respondent filed P&SC No.9/2023 under Section 372 of the Indian Succession Act, 1925 before the Principal District and Sessions Judge, Haveri, seeking probate of a Will dated 21.03.2022. No respondents were arrayed. The District Court allowed the petition and granted probate on 26.06.2023. The appellants, who were not parties, filed the present appeal under Section 384 of the Act on an unspecified date. The appeal was heard on 17.12.2024 and dismissed as not maintainable.
Acts & Sections
- Indian Succession Act, 1925: Section 384, Section 372
