Beneficiaries under a will are not necessary or proper parties to probate proceedings as the executor represents the estate and is responsible for administering it according to the directions of the testator.

Rajiv Sahai Endlaw, J.

IA No.14432/2018(u/O.I R.10 CPC)

Ms. Anju Chandna, Ms. Ritu Menon and Ms. Rina Sharma seek impleadment at the stage of recording of evidence, in this petition seeking probate, filed by the executor named in the document claimed to be the validly executed last Will of deceased Dr. Vimla Lal.

2. On enquiry, it is informed that objections to the grant of probate have been filed by the sisters of the husband of the deceased, claiming that the husband of the deceased had predeceased the deceased and the deceased had no issues and the applicants who are the sisters of the husband of the deceased are natural heirs under Section 15 of the Hindu Succession Act, 1956.

3. The applicants are the daughters of the sisters of the deceased and the counsel for the applicants on enquiry states that the applicants are supporting the document of which probate as a Will of the deceased is sought. On enquiry, as to how the applicants are necessary and/or proper parties, the counsel for the applicants states that since under the said document claimed to be the validly executed last Will of the deceased, a bequest has been made to the applicants, the applicants are necessary and proper parties. On further enquiry as to what purpose the applicants want to serve by seeking impleadment, if are supporting the petitioner, the counsel for the applicants states that the applicants are in the dark as to how the petitioner, in his capacity as executor, is dealing with the estate of the deceased and the applicants desire to become parties to safeguard the interest in the bequest made in their favour.

4. I am of the opinion that when objections from the public are invited by issuing citation of a testamentary case and/or when notice thereof is directed to be issued to the close relatives / natural heirs of the deceased, the purport thereof is to give an opportunity to all those who have a chance of succession to the estate in the absence of a Will or under any other Will, if so desire to oppose the grant of the probate or letters of administration with copy of the Will annexed. The purport is to allow only those to be parties, who have a caveatable interest. Else, the petitioner seeking probate and/or letters of administration with copy of the Will annexed, is already seeking the said relief and all parties who may be beneficiaries under the document of which probate/letters of administration is sought, are not required to be impleaded.

5. The counsel for the applicant, of course, contends that it was incumbent on the petitioner to name the applicants and have the notice of the petition issued to the applicants.

6. I do not find any merit in the said plea. The purport of the notice as aforesaid is to call upon all persons who may be desirous of disputing the document as the Will, to do so and to inform them of the claim in the petition. There is no principle of law, requiring all beneficiaries under Will/letters of administration to be invited and impleaded. It cannot be forgotten that more the parties to a litigation, more the chances of delay in disposal thereof, not only in service of summons and completion of pleadings, but also on account of absence of lawyer of any of them at the time of hearing and resultant adjournments.

7. The High Court of Gujarat in Jadeja Pravinsinhji Anandsinhji Vs. Jadeja Mangalsinhji Shivsinhji, (1963) AIR Gujarat 32 held that an executor to a Will seeks to establish the Will not for himself but as a representative for those who take benefits under the Will; a petition seeking probate is not a personal action but it is in reality a representative action; such a proceeding is not for his personal benefit inasmuch as he is not interested in the estate of the deceased except to administer the estate of the deceased according to the directions of the testator contained in the Will; the action of an executor is a representative one for those whom he represents. It was further held that if the executor fails in