Allahabad High Court Upholds Maintainability of Probate Petitions Without Notification for Wills Under Section 57(c) of Indian Succession Act

Court clarifies that the rigour of Section 213 does not apply to certain wills, allowing probate petitions to be filed without rejection on maintainability grounds.

In a significant judgment, the Allahabad High Court has ruled in favor of Vivek Singhal, allowing the probate petition related to a will executed in his favor to proceed without the need for notification, as prescribed under Section 57(c) of the Indian Succession Act, 1925. The judgment, delivered by Justice Chandra Kumar Rai, overturns a previous order by the Additional District Judge, Ghaziabad, which had denied the probate petition on the grounds of non-compliance with Sections 57(a) and (b) of the Act.

The case revolved around a will dated December 11, 1974, executed by Kulveer Singh in favor of Vivek Singhal for property located in Rajasthan. The probate petition was initially rejected due to the will being categorized under Section 57(c), which, according to the lower court, did not allow for probate without notification. However, the High Court has clarified that wills falling under Section 57(c) are exempt from the requirement of obtaining a probate to establish rights as an executor or legatee in courts.

Justice Rai's judgment emphasizes that the provisions of Section 57(c) apply to wills made by Hindus, Buddhists, Sikhs, or Jains after January 1, 1927, which are not covered by clauses (a) and (b). This interpretation is supported by several precedents, including the Supreme Court’s ruling in Clarence Pais v. Union of India, which highlighted the procedural nature of Section 213 and its limited applicability.

The High Court’s decision restores the probate petition to its original standing, instructing the lower court to adjudicate the case on its merits without undue delay. The judgment underscores the optional nature of probate petitions for certain wills, ensuring that such applications cannot be dismissed solely on the grounds of non-maintainability.

Counsel for the appellant, K.M. Garg, successfully argued that the lower court had misinterpreted the law, overlooking the optionality provided by Section 57(c) and the non-applicability of Section 213’s rigour. The respondent, represented by Manoj Kumar Tiwari, had already expressed no objection to the grant of probate, further supporting the High Court’s decision.

This ruling is poised to have broader implications for the handling of probate petitions across jurisdictions, particularly in cases involving wills executed after the specified date and outside the territories mentioned in Section 57(a) and (b). Legal experts view this as a reaffirmation of the discretionary power vested in probate petitions and a step towards simplifying testamentary proceedings.

Bottom Line:

Indian Succession Act, 1925 - Probate petition maintainable without notification for wills falling under Section 57(c) - Rigour of Section 213 does not apply to such wills. Probate petition cannot be rejected as not maintainable.

Statutory provision(s): Indian Succession Act, 1925 Sections 57(c), 213

Vivek Singhal v. Smt.Vijaya Rani Singhal, (Allahabad) : Law Finder Doc Id # 2797473