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BIREN VAISHNAV, NISHA M. THAKORE
Mihir Ramesh Bhatt – Appellant
Versus
NA – Respondent
ORDER :
BIREN VAISHNAV, J.
1. This First Appeal is filed under Section 299 of the Indian Succession Act, 1925. Challenge is to the order dated 22.08.2023 passed by the City Civil Judge, Ahmedabad, in Civil Misc. Application No.1039 of 2022. By the order so passed, the Court has been pleased to grant probate of the Will dated 01.06.2019 made by Ms.Gira Sarabhai who expired on 15.07.2021. However, the grant of probate certificate has been made subject to fulfillment and compliance of the requirement and condition of surety and bond as per para 256 of Civil Manual and under Section 291 of the Indian Succession Act, 1925 and as stipulated in the City Civil Court Rules, 1921. The order is challenged only to the extent that it requires submission of bond and surety.
2. Facts in brief are that it is the case of the applicants that Gira Sarabhai executed a Will and testamine on 01.06.2009 in the presence of witnesses and the said Will was notarized. The applicants/appellants before this Court are appointed as executors of her Will for effective implementation thereof. The application therefore was filed to get probate of the Will. On the application so made by the appellants and based on the
The court established that surety is not required for the grant of probate under the Indian Succession Act, differentiating it from letters of administration.
Submission of surety – There is distinction between probate and letters of administration – Provision for submission of surety is provided for only in case of issuance of letters of administration an....
Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.
Probate may be granted to a sole beneficiary without requiring an administration bond under the Indian Succession Act.
A proceeding for grant of Letters of Administration under Section 278 of the Indian Succession Act can continue despite the death of executors, as the provisions governing probate do not apply.
The absence of an original Will does not invalidate its probate if secondary evidence sufficiently proves its execution and the delay in application is justified.
Natural heirs can be exempted from furnishing surety bonds in administration matters when there is no contest, supporting the need for judicial discretion based on the specifics of each case.
The main legal point established in the judgment is the validity of the Will dated May 31, 1989, and the exemption of the petitioner from furnishing an administration bond as the sole beneficiary und....
A recent discovery of assets allows for amendment in the existing probate proceedings, permitting their inclusion in the valuation for court fees under Sections 276 and 376 of the Indian Succession A....
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