SURINDER KUMAR AND OTHERS versus GIAN CHAND AND OTHERS

SURINDER KUMAR AND OTHERS versus GIAN CHAND AND OTHERS

The grant of probate, being a judgment in rem, must be considered by the appellate court even if obtained after the High Court judgment; it remedies the defect in attestation evidence under s.63(1)(c) of the Indian Succession Act, and the Supreme Court has inherent power to admit such evidence on appeal.

Parties
Appellants: Surinder Kumar and Others; Respondents: Gian Chand and Others
Jurisdiction
India
Judgment Date
24 September 1957
Procedural Posture
Civil Appeal by Special Leave / Supreme Court on Appeal From Punjab High Court Judgment Dated 16th August, 1949
Outcome
Appeal allowed; case remanded.
Legal Topics
Probate, Admission of Additional Evidence, Will and Attestation, Locus Standi of Legatees
Civil Procedure Succession Law Probate Admission of Additional Evidence Will and Attestation Locus Standi of Legatees

Case Brief

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Parties

Surinder Kumar and Others

Appellants

Gian Chand and Others

Respondents

Procedural Posture

Civil Appeal by Special Leave / Supreme Court on Appeal From Punjab High Court Judgment Dated 16th August, 1949

Legal Issues

  1. 1 Whether Supreme Court can admit additional evidence (probate) on appeal
  2. 2 Whether probate judgment in rem cures defect of lack of attestation/evidence regarding will
  3. 3 Whether legatees under a registered will without probate have locus standi to sue to recover mortgage money

Ratio Decidendi

The grant of probate, being a judgment in rem, must be considered by the appellate court even if obtained after the High Court judgment; it remedies the defect in attestation evidence under s.63(1)(c) of the Indian Succession Act, and the Supreme Court has inherent power to admit such evidence on appeal.

Court Disposition

Appeal allowed; case remanded.

Orders

  • Set aside the judgment and decree of the Punjab High Court.
  • Remit the case to the High Court for decision of the undetermined issues.