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C. M. POONACHA
SHESHAPPA S/O BARAMAPPA JOGAPPANAVAR – Appellant
Versus
PRAVEEN S/O BASAVANTAPPA JOGAPPANAVAR – Respondent
JUDGMENT :
C.M. POONACHA, J.
1. The present appeal is filed under Section 384 of the Indian Succession Act, 1925 [Hereinafter referred to as “the Succession Act”] calling in question the order dated 26.06.2023 passed in P&SC No. 9/2023 by the Principal District and Sessions Judge, Haveri. [Hereinafter referred to as “the District Court”]
2. The relevant facts leading to the present appeal are that the respondent instituted proceedings in P&SC No. 9/2023 under Section 372 of the Succession Act seeking for probate of the Will dated 21.03.2022 executed by one Bharmappa S/o Huliyappa Jogappanavar. [Hereinafter referred to as “the deceased”] No respondents were arrayed in the said proceedings. The District Court by order dated 26.06.2023 allowed the said P&SC No. 9/2023 and granted probate in respect of the Will dated 21.03.2022. Being aggrieved, the appellants have filed the present appeal.
3. It is the contention of the appellants that the appellant No. 1 is the son and appellants 2 to 5 are the grandchildren of the deceased. That the respondent herein being a grandson of the deceased ought not to have filed P&SC No. 9/2023 without arraying the appellants as party-respondents to the said
An appeal against the grant of probate is not maintainable without first seeking revocation under Section 263 of the Indian Succession Act, 1925.
The court ruled that failure to disclose necessary parties with caveatable interest justifies revocation of probate under Section 263 of the Indian Succession Act.
A legatee or beneficiary can seek probate under the Indian Succession Act, 1925, even if no executor is expressly named in the will, as the law allows for the appointment of an executor by necessary ....
Probate petition cannot be rejected due to pending subsequent civil suit challenging will's validity; proceedings must be consolidated for joint trial by District Judge.
Revocation of a probated will requires substantial evidence proving intention to revoke and adherence to legal formality; unregistered wills do not suffice without proof of revocation.
The appointment of an executor is not the sole criterion for granting probate, and other persons, depending on the circumstances, could also seek probate as per the provisions of the Indian Successio....
Probate application requirements were misinterpreted; beneficiaries do not need to be notified when probate is sought by an executor in their interest.
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