Hindu Succession Act| State Cannot Invoke Doctrine Of Escheat To Challenge A Will Which Is Granted Probate : Supreme Court
The Supreme Court recently held that a State Government cannot invoke the doctrine of escheat under Section 29 of the Hindu Succession Act once a Hindu male has executed a Will, which has been declared to be valid and has been grantee probate by a Court.
The bench of Justice BV Nagarathna and Justice SC Sharma was hearing a challenge to the order of the Delhi High Court, which upheld the Will executed by Raja Bahadur Sardar Singh of Khetri.
The case relates to the Will of Raja Bahadur Sardar Singh of Khetri (Rajasthan), who died in 1987. As per the Will dated October 30, 1985, all his property was to be given to a public charitable trust by the name of “Khetri Trust”.
However, the State of Rajasthan had taken action under the Rajasthan Escheats Act and has been in possession of the entire estate of the late Raja since 1987.
The State of Rajasthan challenged the Will before the Delhi High Court. The High Court bench of Justice Najmi Waziri and Justice Vikas Mahajan in 2023 upheld the authenticity of the Will executed in favour of the trust. The High Court relied upon the evidence of two attesting witnesses. The probate was granted to the beneficiaries of the Will.
The order was then challenged before the Supreme Court. ASG SV Raju, appearing for the state of Rajasthan, argued that the state government had a locus in the present matter. He relied upon the decision in State of Rajasthan vs. Lord Northbrook, which dealt with the same subject properties. In Lord Northbrook's case, there had been an escheat of the properties of the testator, meaning the Government took over the properties as there was no identifiable heir/beneficiary. He stressed that in light of the same, here too the state government would have a locus.
On the other hand, Sr. Advocates Kapil Sibal and Meenakshi Arora, appearing for the private respondents, have objected to the maintainability of the plea, stressing that the State Government does not have a locus standi.
The present bench held that the State Government has no locus standi to challenge a probate granted to a will.
When Can The Doctrine Of Escheat Apply Under The Hindu Succession Act? Bench Explains
The bench explained that when a Hindu male dies without a Will, that is, he dies 'intestate', then S. 8 of the Hindu Succession Act would automatically apply, which details how the property of the male dying intestate has to be divided amongst heirs under classes I and II of the Act. It is only when there is an absence of any heir under Class I & II that the government can take over the property under S.29, and the doctrine of escheat would be applicable.
S. 29 states, " Failure of heirs — If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the government; and the government shall take the property subject to all the obligations and liabilities to which an heir would have been subject."
The bench observed :
"If a Will of a Hindu has been declared to be invalid and probate is not granted, then the provisions of the Act would automatically apply as the deceased would have died intestate. It has to be then ascertained as to whether there are any Class I or Class II heirs, agnates or cognates. Only on the failure of any qualified heir being present to succeed to the properties, under the aforesaid Act, Section 29 of the said Act would apply as it would be a case of failure of heirs. Thereafter the properties of the deceased male or female Hindu would devolve on the Government. In such a case, the doctrine of escheat would apply."
Government Is A Stranger To The Property When A Hindu Hierless Male Dies With A Will
Referring to the facts of the present case, the Court analysed that S.29 of the Hindu Succession Act would apply only when there are no heirs and there is an intestate succession.
Once a Will is executed, the Indian Succession Act will apply.
The Court clarified that when the Hindu male dies with a Will in place, the probate proceedings with respect to that Will can only be challenged by the likely heirs of the deceased and not the state.
"The grant of probate by a competent court of law can be assailed only by those who are the likely heirs if the Will is to fail, by either filing an appeal against it or by seeking revocation of the grant of probate under Section 263 of the Indian Succession Act, 1925. Further, it is only when there is failure of heirs that the estate of an intestate Hindu would devolve on the Government under Section 29 of the Act. This means that till that stage arrives, the Government is a stranger to the probate proceedings as well as any proceeding regarding succession under the personal law."
The Court further added that "Merely because the State of Rajasthan in the instant case has invoked the Rajasthan Escheat Regulation Act, 1956, would not give locus standi to assail the grant of probate of the Will of the testator."
The bench concluded that in the present case, " the probate of the Will of the testator was firstly declined by the learned single Judge but was later granted by the Division Bench of the High Court. Therefore, there is a pronouncement on the validity of the Will of the testator by a competent court of law".
Therefore, only the Khetri Trust, as the beneficiary as per the Raja's will, would be responsible for ensuring that the testator's intentions are fulfilled through the Trust's objects.
The Court conclusively held that "Section 29 of the Act does not apply in the instant case as this is not a case of intestate succession but one of testamentary succession as probate of the Will has been granted by High Court."
If an invalid Will is wrongly granted probate, the Court still clarified that the State would not yet have a locus. It explained that under Section 263 of the Indian Succession Act, only those legal heirs who would inherit the property if the Will is declared invalid (as per Section 8 of the Act) can apply for revocation of the probate, and no one else has the right to do so. The relevant observations are :
"We may also mention that in the event the probate has been granted illegally to the legatees of a Will inasmuch as the Will itself is not a valid Will, then under Section 263 of the IS Act only the persons who could have succeeded, by the Will being declared invalid namely, the successors under the Act, as per Section 8 thereof could have filed an application under Section 263 of the IS Act for revocation of the grant of probate and none else."
"In other words, we clarify that it is only in the event of intestate succession, Section 29 of the Act applying that there would be a devolution of the estate of a deceased male Hindu on the Government and not otherwise. Since such a situation does not arise in the instant case, as probate of the Will of testator has been granted by a competent Court of law; this is a case of testamentary succession."
Case Details : STATE OF RAJASTHAN v. AJIT SINGH & OTHERS | SLP (C) NO(S).14721-14723/2024
Citation: 2025 LiveLaw (SC) 906