Probate Court Not Competent To Determine Title Or Nature Of Ownership Of Property Of Testator: Patna HC

The Patna High Court has observed that under the Indian Succession Act, 1925, the Probate Court is not competent to determine the question of title or nature of ownership of the property of the testator or even the existence of property itself.

The Court said that a Probate Court has only to decide as to whether the document put-forward is last Will and testament of the deceased person and was duly executed and attested in accordance with the law and whether the testator was of sound mind.

In that context, the Bench of Justice Arun Kumar Jha observed that, "Probate Court has only to decide as to whether the document put-forward is last Will and testament of the deceased person and was duly executed and attested in accordance with the law and whether the testator was of sound mind. Therefore, any question of title cannot be gone into in a probate proceeding and construction of Will relating to right, title and interest of any person is beyond the domain of probate court, and hence the Probate Court is not competent to determine the question of title or nature of ownership of the property of the testator or even the existence of property itself."

The petitioner challenged the District Court's order that impleaded Jammun Singh (the late father of the respondents) as a party in the probate proceedings. The petitioner, claiming to be the executor of Ramrati Devi's will, stated that Ramrati Devi had received interest in the property from the late Firangi Bhagat. However, the respondents argued that Ramrati Devi had no title to the property.

The High Court observed that, "the interevenors/respondents though claimed themselves to be agnates of Firangi Bhagat and in case of Will of Ramrati Devi being proven forged, they might have a chance to succeed to the property of Firangi Bhagat but even then, they could not seek impleadment as a matter of right since they question the title of the testator and for this reason would be a stranger to the proceeding. Remedy for a person questioning title, existence of property, construction of Will relating to right, title and interest of any persons lies in filing a separate suit or an application under Section 263 for revocation of probate/letter of administration."

In light of the same, the impugned order was set aside.

Cause Title: Makhan Prasad Singh vs Mishrilal Singh & Ors.

Click here to read/download the Judgment