Supreme Court Dismisses Petition Seeking Copy of Will and Probate Due to Lack of Evidence
The Supreme Court, comprising Justices Pankaj Mithal and V. Ramasubramanian, recently dismissed a petition filed by A. Wilson Prince, seeking a copy of a will and probate in a testamentary matter. The case revolved around the availability of the original will and the destruction of records under the Destruction of Records Act, 1917.
The petitioner had requested the court to order an investigation into the fate of the will, claiming that the original document had been improperly handled. However, the court noted that the petitioner had not seen the copy of the will and was unaware of its contents, making it difficult to provide relief based on mere speculation.
The court further emphasized that the executor of the will had fulfilled their responsibilities by obtaining probate, filing the necessary inventory, and submitting final accounts in accordance with Section 317 of the Indian Succession Act, 1925. There were no complaints regarding the distribution of assets under the will.
The judges acknowledged that the original will should have been preserved or returned to the executor after probate. However, due to the lack of evidence and the petitioner’s limited knowledge of the will’s contents, the court concluded that an investigation could not be ordered. Therefore, the High Court’s decision to dismiss the writ petition was upheld.
The Supreme Court’s decision highlighted the importance of proper evidence and the inability to grant relief based on speculation alone. The dismissal of the special leave petition signifies that the court cannot intervene when the original will is not traceable after a significant period of time.
Case Title: A. Wilson Prince v. The Nazar & Ors.
D.D. May 15, 2023
