PATMINDERJIT SINGH RUBA PENCELAH SHARIN KAUR RUBA A/P GURUBACHAN SINGH PENSITASI Bhagwant Kaur A/p Isher Singh

PATMINDERJIT SINGH RUBA PENCELAH SHARIN KAUR RUBA A/P GURUBACHAN SINGH PENSITASI Bhagwant Kaur A/p Isher Singh

Where a caveator raises serious allegations impeaching a will but fails to commence formal contentious probate proceedings or file a citation and does not substantiate allegations with evidence, the court will exercise its discretion under Order 71 rule 38 to dispose of the matter summarily and may grant probate if the propounder's evidence remains unrebutted.

Citation
BA-32NCvC-963-09/2024 (Mahkamah Tinggi)
Parties
Applicant: Patminderjit Singh Ruba; Caveator: Sharin Kaur Ruba A/P Gurubachan Singh; Deceased: Gorbachan Singh A/L Gorbak Singh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 April 2025
Case Number
BA-32NCvC-963-09/2024 (Mahkamah Tinggi)
Procedural Posture
Probate and Administration Act 1959 Grant of Probate (originating Summons) / Originating Summons Filed; Contested by Caveat; Disposed Summarily Under Order 71 Rule 38
Outcome
Application for Grant of Probate allowed
Legal Topics
Validity of Will, Caveat, Undue Influence, Fraud, Procedural Compliance, Order 71 Rule 38, Contested Probate, Order 72 Procedure
Source Language
Malay/English
Probate Succession Civil Procedure Wills and Estates Validity of Will Caveat Undue Influence Fraud +4 more

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Parties

Patminderjit Singh Ruba

Applicant

Sharin Kaur Ruba A/P Gurubachan Singh

Caveator

Gorbachan Singh A/L Gorbak Singh

Deceased

Procedural Posture

Probate and Administration Act 1959 Grant of Probate (originating Summons) / Originating Summons Filed; Contested by Caveat; Disposed Summarily Under Order 71 Rule 38

Legal Issues

  1. 1 Whether the contested matter should proceed as a full contentious probate under Order 72 or be disposed of summarily under Order 71 rule 38
  2. 2 Whether the Will dated 28 June 2022 is invalid for suspicious circumstances, undue influence, mala fide conduct or fraud
  3. 3 Whether the Caveator was obliged to commence formal probate proceedings or file a citation to advance her allegations

Ratio Decidendi

Where a caveator raises serious allegations impeaching a will but fails to commence formal contentious probate proceedings or file a citation and does not substantiate allegations with evidence, the court will exercise its discretion under Order 71 rule 38 to dispose of the matter summarily and may grant probate if the propounder's evidence remains unrebutted.

Court Disposition

Application for Grant of Probate allowed

Orders

  • Grant of Probate to the Applicant in respect of the Will dated 28 June 2022
  • Oral application to amend the intitulement of the Originating Summons by deleting reference to "Order 80" and substituting "Order 71" allowed