Court affirms validity of Will, rejects claims challenging adoption and probate proceedings
In a significant ruling, the Madras High Court dismissed an appeal challenging the order of a Single Judge that refused to revoke the probate of a Will executed by the late Meena Bai. The Division Bench, comprising Justices C.V. Karthikeyan and K. Kumaresh Babu, upheld the probate granted to T.S. Prakash Chand Gang, reinforcing the limited scope of probate proceedings to the genuineness of the Will rather than issues of property title or adoption validity.
The case originated from O.P. No. 638 of 2008, where the probate was granted for the Will executed by Meena Bai on May 16, 1990, which came into effect following her death in 1998. The appellants, Mrs. Leela Kumari and others, sought revocation of this probate, alleging fraudulent adoption claims and asserting caveatable interest in the estate as relatives of the deceased's husband.
The appellants contended that P. Gyanchand, the second respondent and beneficiary of the Will, was not the adopted son of Meena Bai as claimed. However, the Court highlighted that in prior litigation, the appellants had admitted the adoption, thereby precluding them from contesting it in the current probate proceedings. The Court emphasized that the probate proceedings are strictly confined to verifying the execution and attestation of the Will and cannot be treated as a suit for title.
The Court also addressed the issue of limitation, citing Article 137 of the Limitation Act, 1963, which prescribes a three-year period for filing applications for revocation of probate. The appellants' application, filed 13 years post-probate grant, was deemed time-barred, lacking any justification for the delay.
Furthermore, the Court reinforced the legal status of the adopted child under Section 12 of the Hindu Adoptions and Maintenance Act, 1956, affirming that an adopted child is considered the offspring of the adoptive parents for all intents and purposes, thus severing ties with the biological family. As such, the appellants, identified as remote Class II heirs, were found to lack a caveatable interest in the estate.
In conclusion, the Court dismissed the appeal, affirming the order of the learned Single Judge and imposing costs on the appellants. This judgment reasserts the principles governing probate proceedings and the implications of adoption admissions in related litigation.
Bottom Line:
Probate proceedings are confined to examining the validity of the execution and attestation of a Will and cannot be converted into a suit for title. Admission of adoption in prior proceedings precludes its denial in subsequent probate-related proceedings.
Statutory provision(s): Indian Succession Act, 1925 Section 263, Limitation Act, 1963 Article 137, Hindu Adoptions and Maintenance Act, 1956 Section 12, Code of Civil Procedure Order 8, Rule 5, Bharatiya Sakshya Adhiniyam, 2023 Section 53
Mrs. Leela Kumari v. T.S.Prakash Chand Gang, (Madras)(DB) : Law Finder Doc Id # 2836891
