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2004 Supreme(SC) 1245

S.H.KAPADIA, ASHOK BHAN
Crystal Developers – Appellant
Versus
Asha Lata Ghosh (Dead) Thr. Lrs. Ors. Etc. Etc. – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The grant of probate confirms the genuineness of a will and entitles the person in whose favor it is granted to convey the estate's title. A third party acting bona fide and dealing with the probate holder cannot be held responsible for any fraud or mistakes committed by the propounder (!) .

  2. Section 41 of the Transfer of Property Act provides an exception to the general rule that a person cannot confer a better title than he has, placing the onus on the transferee to demonstrate that the transferor was the ostensible owner and that the transferee acted in good faith (!) (!) .

  3. The property of a deceased person vests in the executor by virtue of the will, and the probate operates prospectively from the date of the testator’s death, establishing the will and protecting intermediate acts of the executor performed in accordance with the estate's administration (!) (!) .

  4. Revocation of a probate does not render the initial grant void ab initio or retroactively invalidate acts performed under it, provided those acts were in good faith and in line with the estate's administration. Such revocation operates prospectively, not retrospectively (!) (!) .

  5. Intermediate acts by the executor, performed in good faith and in accordance with the will, remain valid even if the probate is later revoked, unless those acts are incompatible with the proper administration of the estate or involve breach of trust (!) (!) .

  6. The validity of a disposition during the pendency of probate depends on whether it was obtained through fraud, collusion, or other irregularities. If such grounds are established, the disposition may be invalidated; otherwise, bona fide purchasers for value without notice are protected (!) (!) (!) .

  7. The law recognizes that a will takes effect upon the death of the testator, and the property vests in the executor from that moment. The grant of probate is a procedural confirmation that operates prospectively, and acts performed by the executor during the validity of the probate are protected unless they are in breach of trust or contrary to the estate's administration (!) (!) .

  8. The burden of proving the validity of a will and the absence of fraud or undue influence lies with the party asserting it. Registration or formalities surrounding the will are not conclusive proof of its genuineness; suspicious circumstances can cast doubt on its validity (!) (!) .

  9. The revocation of probate on grounds such as non-citation, fraud, or forgery does not automatically render previous acts null and void if those acts were performed in good faith and in the course of proper estate administration. The revocation operates prospectively, and intermediate acts remain valid unless they breach trust or are incompatible with estate administration (!) (!) .

  10. The protection accorded to bona fide purchasers for value without notice remains intact unless they are aware of or involved in any fraudulent or collusive acts. The absence of specific allegations of fraud or collusion against a purchaser supports their claim to good faith and protection under law (!) (!) .

  11. The legal framework emphasizes that the estate's vesting in the executor occurs independently of the probate, and the probate primarily serves as evidence of the will's validity and the executor's authority, with revocation affecting future acts but not necessarily invalidating past transactions performed in good faith (!) (!) .

  12. The law permits the revocation of a grant if obtained through defective proceedings or fraud, but such revocation is prospective and does not automatically invalidate acts performed during the period when the probate was valid, unless those acts were in breach of trust or incompatible with estate administration (!) (!) .

Please let me know if you need further analysis or clarification on any specific point.


JUDGMENT

Kapadia, J.-Civil Appeals No. 6258-6259 of 2000

These civil appeals, by grant of special leave, are directed against the judgment and order dated 4.9.2000 passed by the High Court of Calcutta in First Appeal Nos. 46 and 47 of 2000 confirming the judgment and decree passed by the Court of 9th Sub Judge, Alipore, Calcutta in Title Suit No. 89 of 1981, whereby the suit for partition stood decreed. It may be clarified that Civil Appeal No. 6258 of 2000 has been preferred by Crystal Developers who were original defendant No. 14 in title suit No. 89/81 whereas Civil Appeal No. 6259 of 2000 has been filed by Archit Vanijya & Viniyog Pvt. Ltd. & others, original defendants No. 15 to 20 in the said suit No. 89/81.

2. Since common questions of law and fact arise in the said Civil Appeals, the same were heard together and are disposed of by this judgment.

3. The facts giving rise to these appeals are as follows:-

One Balai Chand Ghosh (since deceased) had three wives. His first wife was Jamuna, from whom he had two sons, Naresh and Paresh. Nirmala was the second wife of Balai Chand Ghosh, from whom there were four sons and two daughters, namely, Jogesh, Ramesh, Bhabesh and Suresh. The nam















































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