'Grant Of Probate Along With Copy Of Will Is Conclusive Proof Of Valid Execution': Jharkhand High Court

The Jharkhand High Court has held that once probate is granted along with a copy of the Will annexed, it conclusively proves the appointment of the executor and the valid execution of the Will. The Court reiterated that in probate proceedings, the only issue for determination is the genuineness and due execution of the Will, and not questions relating to the title or existence of property.

Justice Sanjay Kumar Dwivedi was hearing a petition filed under Section 276 read with Section 300 of the Indian Succession Act, 1925, by Biren Poddar, seeking probate of the last Will and testament of late Sitaram Lohia dated 07.04.2008. The Will had appointed Binod Poddar and Biren Poddar as executors. During the pendency of the proceedings, Binod Poddar passed away, and Biren Poddar continued as the sole executor.

The Court noted that the Will was duly executed and attested by witnesses, including Hari Narayan Singh and Madan Dubey. The testator had affixed his left thumb impression, which was identified by the attesting witnesses. The Will made specific bequests of immovable properties situated in Ranchi, New Delhi, and Rajasthan in favour of family members, and the petitioner had duly deposited the requisite stamp duty. The Court also recorded that the legal heirs of the testator had filed written statements supporting the grant of probate in favour of the petitioner, thereby raising no objections to the execution of the Will.

The Court observed that the question of a bequest being good or bad is not within the purview of the probate court, and the only issue is on the genuineness and due execution of the Will. The Court observed:

“The question whether a particular bequest is good or bad is not within the purview of the probate Court. Therefore, the only issue in a probate proceedings relates to the genuineness and due execution of the Will, and the Court itself is under a duty to determine it and preserve the original Will in its custody.”

The Court also addressed the jurisdiction of the Probate Court and discussed the evidence required for proving the factum of the Will and the legal character of the executor.

“The grant of probate with a copy of the Will annexed establishes conclusively as to the appointment of the executor and the valid execution of the Will. Thus, it does no more than establish the factum of the Will and the legal character of the executor. Probate Court does not decide any question of title or of the existence of the property itself,” the Court observed.

Accordingly, the Court allowed the petition and directed that the Will dated 07.04.2008 executed by late Sitaram Lohia be probated in favour of the petitioner, Biren Poddar, who shall act as the executor in terms of the Will.

Case Title: Biren Poddar v. General People of Locality of Hindpiri [Probate Case No. 01 of 2012, Jharkhand High Court]

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