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Civil Property & InheritanceSupreme Court of India

Manju Puri v. Rajiv Singh Hanspal & Ors.

Civil Appeal · 2019 INSC 1244Decided 14 Nov 2019
Civil Appeal No. 8455 of 2019
Justice Ashok Bhushan · Justice Navin Sinha

Background

A Will executed in 1961 by Surjan Singh Randhawa bequeathed Kolkata property to one daughter, Gian Hanspal; probate of this Will was granted by the Calcutta High Court in 1982 on the strength of "no objection" certificates said to be signed by, among others, the other daughter, Beena Kumari Mehra (the appellant's predecessor). Years later, the appellant sought revocation of that 1982 probate, arguing that no citation (formal notice) had ever been issued to Beena Kumari Mehra and that her alleged "no objection" was doubtful, especially since she had separately filed a partition suit in 1984 without ever mentioning the probate proceedings. Both a Single Judge and a Division Bench of the Calcutta High Court rejected the revocation application.

Decision Breakdown

The Supreme Court found the circumstances surrounding the 1982 probate deeply suspicious: no citation was issued to a person who stood to be disinherited, there was no proof the "no objection" certificate was genuinely informed consent, and the conduct of filing a later partition suit without any reference to the probate proceedings suggested Beena Kumari Mehra was unaware of them. Relying on precedent that a stale Will propounded decades later demands particular caution, the Court held that a citation ought to have been issued under Section 283 of the Indian Succession Act, and that the probate was accordingly liable to be revoked. It allowed the appeal, set aside both High Court orders, revoked the 1982 probate, and revived the original probate application before the Single Judge for fresh consideration on merits, while leaving a related purchaser's claims to be dealt with in those revived proceedings.

Lesson Learnt

In probate matters, courts take seriously the requirement to formally notify (cite) all persons who could be adversely affected by a Will before granting probate: a "no objection" certificate alone is not a safe substitute, especially for an old Will propounded long after the testator's death.

Manju Puri v. Rajiv Singh Hanspal & Ors. – Legal Case Shots | LegalAware