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 granted 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 WillReferring 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...

Hindu Succession Act| State Cannot Invoke Doctrine Of Escheat To Challenge A Will Which Is Granted Probate : Supreme Court

Anmol Kaur Bawa

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