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Probate

LACHHMI NARAIN SINGH (D) THROUGH LRS & ORS. versus SARJUG SINGH (DEAD) THROUGH LRS. & ORS.

Where a certified copy of a registered cancellation deed is admitted and marked in the trial court without objection and is supported by expert opinion and attesting witnesses, an objection to the mode of proof cannot be raised for the first time on appeal; accordingly the trial court was correct to accept the registered cancellation deed as genuine, hold that the Will was revoked by the testator and deny probate.

Source excerpt

  • Revocation of will
  • Probate proceedings
  • Admissibility of certified copy of registered deed
  • Mode of proof and waiver
  • Genuineness of thumb impression (handwriting/expert evidence)
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Probate

KAVITA KANWAR versus MRS. PAMELA MEHTA & ORS.

The Trial Court and High Court correctly found multiple material and unexplained suspicious circumstances (the appellant’s active role in making the Will while being the main beneficiary, unexplained exclusion of other children, problematic partly typed/partly handwritten will with no evidence who drafted the printed portion or note copied by the testatrix, contradictions in testimony of attesting witnesses and appellant, and the appellant’s vacillating stance regarding an alleged third page and post-death payments). Taken cumulatively these circumstances failed to satisfy the Court’s conscie…

Source excerpt

  • Execution and proof of wills
  • Suspicious circumstances in testamentary disposition
  • Interpretation and admissibility of extrinsic evidence in wills
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Succession

RAM AVATAR SONI versus MAHANTA LAXMIDHAR DAS AND ORS.

The District Judge was correct in allowing the application under Order XXVI Rule 10A CPC to send the Will in question to a hand-writing expert for comparison with admitted signatures. Challenging the genuineness of the Will includes challenging the genuineness of the signature. The High Court erred in setting aside the District Judge's order; the Will and admitted signature documents should be sent for expert analysis and trial should proceed after receipt of report.

Source excerpt

  • Will genuineness
  • Probate revocation
  • Hand-writing expert referral
  • Order xxvi rule 10a cpc
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Succession law

SAROJ AGARWALLA (DEAD) THR. LR ABHISHEK AGRAWALLA versus YASHEEL JAIN

Respondents, having shown a prima facie interest in the estate—either as claimed heirs or as alleged beneficiaries under a prior Will—were entitled to maintain caveats. The High Court rightly held that their caveatable interest was sufficient and need not be established by conclusive proof at this stage. Consequently, their caveats could not be discharged.

Source excerpt

  • Caveatable interest
  • Grant of probate
  • Testamentary jurisdiction
  • Original side rules
  • Preliminary issue
  • Role of caveators
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Succession

SMT. SHAKUNTALA BAI & ORS. versus MR. MAHAVEER PRASAD

The two attesting witnesses satisfactorily proved the execution and attestation of the Will dated 15.11.1978. Handwriting expert opinions and a forensic report supported the genuineness of the signatures. The wife and daughter of the testator supported Respondent No. 1’s application, and there were no vitiating or suspicious circumstances invalidating the bequest. Thus, the Will is valid and succession certificate should be issued to Respondent No. 1.

Source excerpt

  • Validity of will
  • Succession certificate
  • Proof of execution and attestation
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Succession

ANIL KAK versus KUMARI SHARADA RAJE & ORS.

The Will dated 4.11.1992 could not be given effect to since appendices, which were integral to the distribution of assets, were not proved to be in existence at execution; statutory requirements for execution and attestation were not fully complied with; Will was surrounded by suspicious circumstances; therefore, probate/letters of administration could not be granted.

Source excerpt

  • Execution of will
  • Genuineness of will
  • Suspicious circumstances
  • Incorporation by reference
  • Intention of testator
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Succession

KRISHNA KUMAR BIRLA versus RAJENDRA SINGH LODHA AND OTHERS

Only persons with a definite, direct interest in the estate of the testator, as heirs, legal representatives, or creditors, can file caveats in probate proceedings; mere possibility or remote family connection does not suffice. Probate proceedings are not for determination of title, and caveatable interest is not established by simply filing a suit for enforcement of mutual will unless and until such suit is decreed.

Source excerpt

  • Caveatable interest
  • Probate proceedings
  • Interpretation of statutes
  • Mutual wills
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Succession

B. VENKATAMUNI versus C.J.YODHYA RAM SINGH AND ORS.

The Supreme Court held that proof of execution of the Will under Section 63 of the Indian Succession Act, 1925 and Sections 67 and 68 of the Evidence Act is a pre-requisite for granting probate, but the Court must also satisfy its conscience about the totality of surrounding circumstances, especially if there are suspicious circumstances. The Division Bench of the High Court erred in ignoring several glaring suspicious circumstances and applied a wrong legal test, making its judgment unsustainable.

Source excerpt

  • Will
  • Suspicious circumstances
  • Proof of will
  • Probate
  • Letters of administration
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Succession law

JOSEPH ANTONY LAZARUS (DEAD) BY LRS. versus A.J. FRANCIS

The cumulative suspicious circumstances—advanced age and health of testatrix, unexplained exclusion of sons, existence of differing signatures on Will's pages, non-examination of drafting advocate and Sub-Registrar, and the unexplained delay and non-disclosure of the Will—raise genuine doubt regarding the Will's genuineness and free execution; thus, probate denial and dismissal of appeal are warranted.

Source excerpt

  • Will genuineness
  • Probate grant and revocation
  • Coercion
  • Undue influence
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Succession law

INDU BALA BOSE & ORS. versus MANINDRA CHANDRA BOSE & ANR.

The alleged suspicious circumstances do not amount to suspicion; they are satisfactorily explained or normal, and evidence supports the genuineness and valid execution of the will. The propounder discharged the onus, and probate is to be granted.

Source excerpt

  • Proof of will
  • Suspicious circumstances
  • Testamentary capacity
  • Attestation requirements
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.