Case Note & Summary
The appellants, V. Govinda Raju and Smt. Indra, filed a Miscellaneous First Appeal under Section 299 of the Indian Succession Act, 1925, against an order dated 28.02.2017 passed by the XXXIX Additional City Civil and Sessions Judge, Bengaluru, in P&SC No. 305/2016. The trial court had dismissed the petition filed under Section 276 of the Indian Succession Act, 1925, for grant of probate, holding it as not maintainable. The core legal issue was whether Section 213 of the Indian Succession Act, 1925, prohibits the grant of probate to a Will that is not covered by Clauses (a) and (b) of Section 57 of the Act. The High Court, comprising Justice H.G. Ramesh and Justice K.S. Mudagal, heard the appeal. The court analyzed the provisions and held that Section 213 does not create a bar on the grant of probate; it merely requires probate to be obtained for certain Wills to establish rights under them. The court clarified that any person may apply for probate under Section 276, and the court may grant it if the Will is valid. The trial court's dismissal was erroneous. Consequently, the High Court allowed the appeal, set aside the impugned order, and directed the trial court to restore the petition to its original number and proceed with it in accordance with law. The court also directed the trial court to dispose of the petition expeditiously, preferably within six months from the date of receipt of the order.
Headnote
A) Succession Law - Probate - Section 213 read with Section 57 of the Indian Succession Act, 1925 - Maintainability of Petition - The court considered whether Section 213 prohibits grant of probate to a Will not covered by Clauses (a) and (b) of Section 57. Held that Section 213 does not prohibit such grant; it only requires probate for certain Wills to establish rights. The petition under Section 276 is maintainable even if the Will is not covered by Section 57(a) and (b). (Paras 1-4) B) Succession Law - Probate - Section 276 of the Indian Succession Act, 1925 - Application for Probate - The court held that any person may apply for probate under Section 276, and the court may grant probate if the Will is valid. The dismissal of the petition as not maintainable was erroneous. (Paras 2-4)
Issue of Consideration
Whether Section 213 of the Indian Succession Act, 1925 prohibits grant of probate to a Will not covered by Clauses (a) & (b) of Section 57 of the Act?
Final Decision
Appeal allowed. The impugned order dated 28.02.2017 passed in P&SC No. 305/2016 is set aside. The trial court is directed to restore the petition to its original number and proceed with it in accordance with law. The trial court is also directed to dispose of the petition expeditiously, preferably within six months from the date of receipt of the order.
Law Points
- Section 213 of the Indian Succession Act
- 1925 does not prohibit grant of probate to a Will not covered by Clauses (a) and (b) of Section 57 of the Act
- Section 276 of the Indian Succession Act
- 1925 allows any person to apply for probate
- maintainability of probate petition under Section 276 is not barred by Section 213
