Case Note & Summary
This case involved a Special Leave Petition filed by A. Wilson Prince concerning the probate of a Will executed by Rev. Salusbury Fynes Davenport, who died on 24.01.1972. The Will, dated 19.07.1969, appointed M/s King and Partridge as the executor. The executor successfully obtained probate on 29.07.1972, and subsequent records were maintained until they were destroyed in 1998 under the Destruction of Records Act, 1917. In 2016, Smt. Mary Brigit, claiming to be a beneficiary, sought a copy of the probate, leading to a writ petition in 2018 when her request was denied. The High Court upheld the destruction of records and dismissed her petition. The Supreme Court noted that only A. Wilson Prince, a successor of Smt. Mary Brigit, pursued the matter further. The petitioner argued that the original Will should have been preserved and that the respondents were obligated to provide a copy. However, the court found that the original Will's whereabouts were uncertain, and the petitioner lacked direct knowledge of its contents. The court concluded that it could not grant relief based on conjecture and dismissed the petition, affirming the High Court's decision.
Headnote
A) Probate Law - Grant of Probate - Entitlement to Copy of Will - Indian Succession Act, 1925, Sections 222, 272 - The court held that the records pertaining to the probate were destroyed in accordance with the Destruction of Records Act, 1917, and thus no direction could be issued to furnish a copy of the Will. The petitioner failed to demonstrate knowledge of the Will's contents, leading to the dismissal of the petition (Paras 9, 21, 23).
Issue of Consideration
Whether the petitioner is entitled to a copy of the Will and probate documents after the records were destroyed.
Final Decision
The Supreme Court dismissed the Special Leave Petition, affirming the High Court's decision that no relief could be granted due to the destruction of records and the petitioner's lack of knowledge regarding the Will's contents.
Law Points
- Probate
- Writ Petition
- Destruction of Records
- Testamentary Succession
- Executor's Duties
