[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit.Justice Arun Kumar Jha was considering the case of the petitioner who challenged the order of the District Court, Vaishali in impleading one Jammun Singh (late father of the Respondents) as a party to the probate proceedings before the District Court. The petitioner claims to be the executor of the will of one Ramrati Devi, who is said to have received interest in the property from late Firangi Bhagat. The respondents claim Ramrati Devi did not possess any title over the said property. The High Court stated that probate proceedings are not a place for the determination of question of title or interest over a property. It referred to Section 283(1)(c) of the Indian Succession Act, which empowers the District Court to call upon persons who claim to have any interest in the estate of the deceased. The Court stated that the probate proceedings are merely a general citation issued by the Court under this provision to enable the caveators to oppose the proceedings before granting probate.The Court clarified that the interest claimed by the caveators in a probate proceeding “must not be one which would have the effect of destroying the testator's estate.” Thus, the remedy to claim any interest which is adverse to the testator cannot be before the court deciding on probate of wills. It said:“…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.”In the present case, the Court observed that as the respondents are questioning the testator's (Ramrati Devi) title, the issue cannot be adjudicated in a probate proceeding. Even though the respondents may have a claim in the said property, they cannot seek impleadment in the probate proceedings before the District Court since they are questioning the title of the testator, the Court said.“Now, 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," it was observed.Thus, the High Court set aside the decision of the District Court in allowing the impleadment of the Jammun Singh (late father of the Respondents). Case title: Makhan Prasad Singh Son of Late Shiv Chandra Singh vs. Mishrilal Singh & Ors., C.Misc. No.383 of 2017Citation: 2024 LiveLaw (Pat) 43Click Here To Read/Download Order

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

Sanjana Dadmi

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