High Court Grants Probate for Registered Will - Upholding Validity and Execution

07 May 2024 2:49 AM

By: Admin

In a landmark decision, the High Court of Delhi has granted probate for a registered Will, affirming its validity and execution. The judgement, delivered by Hon’ble Mr. Justice Manoj Kumar Ohri, has settled a crucial legal dispute surrounding the testamentary document. The case, titled Test.Cas. 4/2017, involved Mrs. Sharda Relan as the appellant seeking probate of the Will executed by her deceased husband, late Sh. Narinder Dev Relan.

The court carefully considered the evidence presented by the petitioner, who relied on the attestation of the Will by two witnesses and its registration on 22^nd March 2012. The Will encompassed all the assets of the deceased, and a comprehensive list of these assets was submitted to the court. The court examined the testimony of an attesting witness, Mr. Pradeep Kumar Rastogi, who confirmed the execution and authenticity of the Will.

“The petitioner has been able to prove the Will of the deceased as his last and final testament,” stated Justice Manoj Kumar Ohri. The court highlighted that the respondent did not challenge the genuineness or validity of the Will and did not provide any evidence to rebut the petitioner’s case. Additionally, the court referred to Section 68 of the Evidence Act, which allows the proof of a Will by examining only one attesting witness.

“This decision establishes the principle that the due execution of a Will can be proved by examining any one of the attesting witnesses,” the court emphasized, citing a recent Supreme Court judgment (Murthy v. C. Saradambal). The court further clarified the limited scope of its jurisdiction in testamentary matters, stating that it does not interpret the Will or determine the title of the deceased to the bequeathed properties.

The judgement also touched upon the applicability of res judicata, noting that the principle applies not only to separate proceedings but also to subsequent stages of the same proceedings. Thus, the court declined to entertain objections that were beyond the jurisdiction of the testamentary case.

With the court finding no impediment in concluding the validity and execution of the Will, probate was granted, subject to the payment of necessary stamp duty and court fees. The court ordered the petitioner to furnish an administrative bond, and the probate would be issued upon completion of formalities.

This decision has significant implications for probate cases, clarifying the evidentiary requirements for proving the execution and validity of a Will. It reaffirms the importance of proper attestation and registration, while respecting the testamentary jurisdiction of the court.

The judgement highlights the court’s role in the probate process, as Justice Manoj Kumar Ohri eloquently stated, “The court exercising testamentary jurisdiction neither interprets the Will nor decides the title of the deceased to the properties bequeathed.”

This judgement adds to the growing body of case law on testamentary matters and provides guidance for future probate cases. Legal experts are applauding the court’s decision, considering it a significant contribution to the jurisprudence surrounding Will execution and probate procedures.

Date of Decision: 17th July 2023

MRS SHARDA RELAN vs STATE & ORS