D.Mitra v. Nil
Case brief
What is this about?
The High Court allowed civil miscellaneous appeals against the rejection of probate applications. Relying on the Apex Court's decision, the court held that a scribe can serve as an attesting witness. Consequently, the impugned order refusing probate was set aside and the matter was remitted for fresh orders.
What did the court decide?
Impugned orders refusing probate set aside and matter remitted to lower court for fresh orders within one month.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18/12/2019
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A. Nos.4219, 4395 and 4251 of 2019
1.D.Mitra
2.D.Roopa
3.V.Rekha
Rep. by her Power Agent D.Mitra ... Appellants 1 to 3
in all CMAs
4.D.Preithviraaj ... 4th Appellant in
C.M.A. No.4219 &
4395 of 2019
Vs.
Nil .. Respondent in all WPs
Prayer: Civil Miscellaneous Appeals filed under Section 299 of
the Indian Succession Act, to set aside the fair and decretal
order dated 3.9.2019 made in Prob. O.P. Nos.23, 22 and 24 of
2019 on the file of Principal District Judge, Tiruppur.
For Appellant : Mr.K.Myilsamy
COMMON JUDGMENT
The present Civil Miscellaneous Appeals have been filed under Section 299 of the Indian Succession Act, to set aside fair and decretal order of the learned Principal District Judge, Tiruppur dated 3.9.2019 made in Probate O.P. Nos.23, 22 and 24 of 2019.
- There are totally three Wills executed by the testators/testatrix. Will dated 30.1.1990 was executed by N.Vedanayaki, during her life time, in sound disposing state of mind, bequeathing her shares in favour of her husband Natarajan, adopted son Durairaj and the appellants herein. The testatrix died on 14.5.1990. Will dated 2.9.2001 was executed by Natarajan, during his life time, in sound disposing state of mind, bequeathing his properties in favour of the appellants and he died on 14.4.2003. Will dated 6.5.2001 was executed by Durairaj, during his life time, in sound disposing state of mind, bequeathing his properties in favour of the appellants and he died on 12.7.2001. After the demise of the testators/testatrix, the Legal Representatives have approached the Principal District Judge, Tiruppur, for probating the Wills.
Issues for consideration
3 issues framed by the court
Whether a scribe who attests a will can be examined as a witness to validate the will.
Whether the rejection of a probate application due to the scribe attesting instead of a third witness is sustainable.
Whether a lower court must permit the examination of a scribe as a witness in probate proceedings.
Parties & counsel
- appellant
D.Mitra and Ors.
- respondent
Nil
Coram
S.Vaidyanathan
Case details
As recorded by the court registry
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