MANJU PURI versus RAJIV SINGH HANSPAL & ORS.

MANJU PURI versus RAJIV SINGH HANSPAL & ORS.

In the facts of the case, grant of probate without issuance of citation to a legal heir who was disinherited by the Will, and without verification of genuineness of her no objection certificate, was improper. Discretion to issue citation under s.283 must be exercised with care, particularly when the Will is unregistered, is being propounded after 20 years, and the legal heir may not have had knowledge of proceedings. Hence, probate was improperly granted and deserved to be revoked.

Parties
Appellant: Manju Puri; Respondents: Rajiv Singh Hanspal & Ors.
Jurisdiction
India
Judgment Date
14 November 2019
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court at Calcutta Against Rejection of Application for Revocation of Probate
Outcome
Appeal allowed; probate revoked.
Legal Topics
Probate Proceedings, Revocation of Probate, Issuance of Citation, Genuineness of No Objection Certificate, Rightful Parties to Probate Notice
Succession Law Probate Proceedings Revocation of Probate Issuance of Citation Genuineness of No Objection Certificate Rightful Parties to Probate Notice

Case Brief

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Parties

Manju Puri

Appellant

Rajiv Singh Hanspal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court at Calcutta Against Rejection of Application for Revocation of Probate

Legal Issues

  1. 1 Whether revocation of probate granted without issuing citation to all legal heirs was justified
  2. 2 Whether there was delay by the applicant in filing the revocation application
  3. 3 Whether no objection certificate signatures were genuine and verified

Ratio Decidendi

In the facts of the case, grant of probate without issuance of citation to a legal heir who was disinherited by the Will, and without verification of genuineness of her no objection certificate, was improper. Discretion to issue citation under s.283 must be exercised with care, particularly when the Will is unregistered, is being propounded after 20 years, and the legal heir may not have had knowledge of proceedings. Hence, probate was improperly granted and deserved to be revoked.

Court Disposition

Appeal allowed; probate revoked.

Orders

  • Orders of the Single Judge and Division Bench of the Calcutta High Court set aside.
  • Application for revocation of probate allowed and probate dated 04.06.1982 revoked.