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IN THE HIGH COURT OF JUDICATURE AT PATNA
Sunil Dutta Mishra, J.
Saurabh Kumar Son of Upendra Kumar Shahi - Appellant
Versus
Gayatri Devi, Wife of Sri Niranjan Singh - Respondent
Miscellaneous Appeal No.1225 of 2016
Decided On : 21-08-2025
Indian Succession Act, 1925 – Section 276 – Indian Evidence Act, 1872 – Sections 108 and 118 read with Sections 59 and 60 – Probate of Will – In probate case, main issue is proof of due execution and validity of Will, not strict proof of death by official certificate if death is otherwise established through oral evidence or surrounding circumstances – Proof of death is not confined to production of death certificate alone – Under Section 108 of Evidence Act, presumption of death arises where a person has not been heard of for a period of seven years by those who would naturally have heard of him – Evidence of witnesses acquainted with deceased, who had personal knowledge of his death or cremation, carries evidentiary value and cannot be brushed aside merely for want of formal certificate – Law does not mandate that a death certificate is sole or exclusive mode of proving death – What is required is credible evidence which, upon consideration, satisfies conscience of Court that death has indeed occurred. (Paras 19 and 20)
Indian Succession Act, 1925 – Sections 276 and 299 – Probate of Will – Dismissal of application for grant of Probate – Probate proceedings are not adversarial in strict sense as in ordinary civil suits, rather proceedings are in nature of a solemn enquiry where Court's primary duty is to satisfy its judicial conscience regarding genuineness and due execution of Will – Judge must be reasonably satisfied that Will is genuine and validly executed and proceeding is essentially in nature of a "satisfaction of conscience of Court" – Court must not stick on hyper-technicalities or insistence on strict proof of facts in same manner as in contentious civil litigation – Burden of proof lies initially on Propounder of Will, but once prima facie proof of execution and attestation is given, Court must consider surrounding circumstances, conduct of parties and probabilities to arrive at its satisfaction – Where oral and circumstantial evidence establishes death of testator and supports case of Propounder, Court should not reject probate petition – In instant case, there is no objection or dispute with regard to genuineness of signature of testator on Will – Execution of Will was voluntary without any fraud, coercion or undue influences – There is no such pleading on record by any Objector – Sole daughter of testator has already supported case of appellants – Appellants have proved execution of Will – Appellants must be held entitled to grant of probate – Application for grant of probate allowed. (Paras 20 to 25)
| Table of Content |
|---|
| 1. (Para 2 , 3 , 4 , 5 , 8 , 9 , 10 , 11 , 12 , 16 , 17 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
Sunil Dutta Mishra, J.
Heard both the parties.
2. This Miscellaneous appeal has been filed under Section 299 of The Indian SUCCESSION ACT , 1925 for setting aside the judgment/order dated 20.08.2016 passed by learned District Judge, Gaya in Probate Case No. 56 of 2015 wherein he has dismissed the application of the appellants/applicants for grant of probate.
3. The case of appellants/applicants’ in brief is that Dr. Ramchandra Prasad Singh (the testator), son of late Bhagirath Prasad Singh, was an eminent doctor who settled in London, U.K., in 1965 and resided there till his death on 24.11.2014. His wife predeceased him, and he left behind only one married daughter namely Gayatri Devi (respondent/opposite party), settled at her matrimonial home in Village Mahmatpur, District Nawada. Out of his personal income, the testator purchased the Schedule-1 property by a registered sale deed dated 29.03.1972 from Bibi Rabiya Khatoon and constructed a house thereon. He was the full brother of late Babu Ramanuj Singh, grandfather of the appellants/applicants. The appellants/applicants, during their minority, were brought up and educated in the said house, which was provided for the residence of their father. In October 1992, during a visit to Gaya, the testator, being of sound mind and free from coercion, executed a unregistered Will on 22.10.1992 bequeathing the Schedule-1 property to the appellants/applicants, in the presence of attesting witnesses namely Ramanuj Singh and Rakesh Kumar (AW-2). The original Will is in the custody of the appellants/applicants, who are also named as joint executors. The testator died at his residence in the U.K., where he was cremated, with subsequent religious rites performed at Gaya. Proof of death has been filed. The appellants/applicants claim possession of the property after his death and seek probate of the Will dated 22.10.1992 in favour of appellants jointly with respect to Schedule-I of the petition thereafter filed Probate Case No. 56 of 2015 under Section 276 of the Indian SUCCESSION ACT , 1925 for grant of probate. The citation was issued and served on the deceased and general public.
4. Respondent Gayatri Devi who is sole daughter/ legal heir of the testator filed her written statement and supported the case of the appellants and further stated that O.P. has no objection in grant of probate to the appellants/applicants.
5. In support of the probate case, the appellants/applicants have examined altogether four witnesses and the respondent has examined two witnesses. In toto six witnesses were examined who supported the probate case filed by the appellants/applicants.
| Applicant Witness | Names |
|---|---|
| AW-1 | Upendra Kumar Shahi |
| AW-2 | Rakesh Kumar |
| AW-3 | Ankit Kumar |
| AW-4 | Saurabh Kumar |
| Opposite Party Witness | Name |
|---|---|
| OPW-1 | Gayatri Devi |
| OPW-2 | Manish Kumar |
6. Following documentary evidence were produced and exhibited.
| Exhibit | Description |
|---|---|
| Ext-1 | Original Will |
| Ext-1/A | Signature of Rakesh Kumar on Will |
| Ext-1/B | Signature of Ram Anuj Singh on Will |
| Ext-2 | Registered sale deed dated 29.03.1992 in favour of Ram Chandra Prasad Singh by Bibi Rabiya Khatoon |
| Mark ‘X’ | Death certificate showing death of Dr. Ram Chandra Prasad Singh on 24.11.2014 |
| Ext-A | Certificate of Gayatri Devi (Respondent/daughter of Ram Chandra Prasad Singh) issued by Anugrah Narayan Middle School, Gaya. |
7. The learned Trial Court on the basis of the aforesaid oral and documentary evidence on record came to conclusion that the applicants/appellants have failed to prove the death of the deceased Dr. Ramchandra Prasad Singh. Furthermore, it was concluded that, Gayatri Devi (O.P.) although supported and corroborated the case of the applicants/appellant but she has not filed certificate of matriculation or intermediate to show that she is daughter of the deceased Dr. Ramchandra Pd. Singh on these grounds the learned Trial Court rejected the probate case.
8. Learned Counsel ap
Proof of a Will does not require strict evidence of death; credible testimony and circumstantial evidence can suffice to establish validity and execution, emphasizing substantial justice in probate p....
The propounder of a Will must prove its validity by showing due execution and testamentary capacity, with the burden of proof shifting if suspicious circumstances arise.
The execution and integrity of a Will can be upheld despite minor discrepancies or the presence of the beneficiary at signing, provided proper attesting witnesses confirm its authenticity.
The proof of an unregistered WILL must dispel all suspicious circumstances surrounding its execution; failure to do so results in denial of probate.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The central legal point established in the judgment is the scrutiny of Will execution, consideration of suspicious circumstances, and the burden of proof on the propounder.
The central legal point established in the judgment is the significance of complying with the formalities for the execution and attestation of Wills, as mandated by the Indian Succession Act. The cou....
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