2018 Supreme(SC) 927

SUPREME COURT OF INDIA
Uday Umesh Lalit, Ashok Bhushan, JJ.
Pasupati Nath Das (dead) – Appellants
Versus
Chanchal Kumar Das (dead) by L.Rs. and Ors. – Respondents
CIVIL APPEAL NO.5822 OF 2005
Decided On : 25-09-2018

IMPORTANT POINT
Scope of judicial intervention primarily and principally limited to genuineness of execution of the testament or Will.

Headnote:(a) Testamentary law – Matter arising from Probate proceedings – Scope of judicial intervention primarily and principally limited to genuineness of execution of the testament or Will. (Para 12)

       (2008) 4 SCC 300 – Relied upon

       (b) Indian Succession Act, 1925 – Section 222 – Probate of a Will – Three out of four issues framed by single judge of High Court answered in favour of propounder – No appeal filed – Division Bench answering all issues in favour of propounders – Will held to be proved. (Para 12, 13)

       Facts of the case:

       One Nandlal Das, husband of Shyama Sundari Dassi and father of two sons Kanailal Das and Pasupati Nath Das executed a Will on 12th April, 1963 in respect of properties owned and possessed by him. Schedule to the Will comprised of three parts. Properties mentioned in Part I and Part II of the Schedule were given to the family deity Sri Jugal Kishore Jew known as Sri Shyamaji at Tarapith temple of which deity the Testator was the shebait. The properties mentioned in Part III were to be devised in accordance with the Will.

       Nandlal Das died on 1st December, 1964 leaving behind his widow and two sons. On 7th March, 1966 Kanailal Das died childless, leaving behind his widow Smt. Purnima Rani Dassi. On 3rd June, 1967 the other son Pasupati Nath Das, the present appellant, as Executor named in the Will dated 12th April, 1963 applied for grant of Probate of said Will by filing Probate Case No. 101 of 1967 in Calcutta High Court. A joint caveat was filed by Shyama Sundari Dassi and Purnima Rani Dassi. It was alleged that by subsequent Deed of Revocation dated 15th October, 1963 the aforesaid Will had stood revoked. The application for grant of Probate of the Will of Nandlal Das, being a contentious cause was numbered as Testamentary Suit No. 6 of 1971.

       Shyama Sundari Dassi thereafter executed a registered Will on 12th October, 1973. It was stated therein that she did not want her estate to go into the hands of her younger son, the appellant; that while her husband was alive he had cancelled and nullified the Will dated 12th April, 1963 being displeased with the behavior of said son and his family; that the estate left behind by her husband devolved equally on her and two sons; that she had received large sum of cash and ornaments from her sister and brother-in-law and that the properties mentioned in the Schedule to the said Will were her properties. By said Will, she appointed one Harendra Nath Das, Manager of the estate to be the Executor, and stated that after her death one Menoka Rani Dasi, her brother’s wife and Harendra Nath Das would get equal shares in the property.

       In Testamentary Suit No. 6 of 1971, Shyama Sundari Dassi and Harendra Nath Das gave evidence. Single Judge of the High Court granted Probate of the will dated 12th April, 1963 of Nandlal Das in favour of Pasupati Nath Das. On 22nd September, 1975 Shyama Sundari Dassi died. Appeal No.371 of 1975 was thereafter filed by Harendra Nath Das against the aforesaid judgment dated 19th September, 1975. Further, an application for grant of Probate of the Will dated 12th October, 1973 executed by Shyama Sundari Dassi was filed by Harendra Nath Das and Menoka Rani Dassi. Since a caveat was filed by Pasupati Nath Das and the matter was contested, it was numbered as Testamentary Suit No.8 of 1976.

       On 14th October, 1982, the Division Bench of the High Court dismissed Appeal No.371 of 1975 and confirmed the judgment and decree dated 19th September, 1975 passed in Testamentary Suit No. 6 of 1971.

       On 27th February, 1984 Single Judge of the High Court dismissed Testamentary Suit No.8 of 1976 in which the grant of Probate of the Will dated 12th October, 1973 of Shyama Sundari Dassi was sought. Issues i), ii) and iiib) were found in favour of the propounders of the Will while issues iiia) and iv) were answered against said propounders. This decision was challenged by Harendra Nath Das and Menoka Rani Dassi by filing Appeal No. 60 of 1984 before the Division Bench of the High Court.

       After going through the entirety of the matter the Division Bench accepted the appeal.

       Finding of the Court:

       The Will of Nandlal Das has been proved.

       Result: Appeal dismissed.