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2024 Supreme(Online)(MAD) 40117
HIGH COURT OF MADRAS
RMT.Teekaa Raman, J
L.Dorothe Vimala – Appellant
Versus
Manager, Indian Overseas Bank – Respondent
A.S.No.48 of 2023
For the Appellants/Petitioners: K.V.Babu
For the Respondents: V.Rajeswari
A registered Will executed by an Indian Christian is not required to be probated under Section 213(ii) of the Indian Succession Act, and when the Will is proved in accordance with law, the executor is entitled to all reliefs regarding bank assets mentioned therein.
Headnote:(A) Indian Succession Act - Section 213(ii) - Probate - Mandatory requirement - Indian Christians - Bequest by Will - Provision expressly declares that it is not a legal requirement to probate the Will by the court of law in case of Indian Christians; thus, there is a specific exemption. (Para 10)
(B) Indian Evidence Act - Section 68 - Indian Succession Act - Section 63 - Proof of Will - Essential ingredients for proving the Will under the Act stand proved when attesting witnesses are examined and the Will is registered, confirming the testator was of sound mind. (Para 11)
(C) Civil Procedure - Appeal - Relief - Declaration and Mandatory Injunction - Failure of trial court to recognize the validity of a registered Will in the absence of specific locker or account numbers in the recitals, despite being part of the document, warrants interference and the suit deserves to be decreed. (Paras 14, 15)
Facts of the case:
The plaintiff, as the executor of a registered Will executed by a testatrix, sought a declaration and mandatory injunction against the respondent bank to release fixed deposits and permit operation of a locker, citing the death of all natural heirs of the testatrix. The Trial Court dismissed the suit due to the absence of specific account number recitals in the Will.
Findings of Court:
The Court found that the Will was duly registered and proved through the evidence of an attesting witness, and since the testatrix was an Indian Christian, probate was not mandatory. The Court further noted that the deposit details were indeed annexed to the Will, entitling the executor to the relief sought.
Issues: Whether the Will was validly executed and whether the plaintiff as executor was entitled to the relief of declaration and mandatory injunction for the release of bank assets.
Ratio Decidendi: A registered Will executed by an Indian Christian does not require probate under Section 213(ii) of the Indian Succession Act, and upon sufficient proof of its execution, the court must grant the requested relief even if specific locker details were not explicitly detailed in the main body where they were annexed to the document.
Result: Appeal allowed; suit decreed as prayed for.
| Table of Content |
|---|
| 1. summary of plaintiff's standing as executor and the bank's refusal. (Para 2 , 4 , 5 , 6) |
| 2. probate is not mandatory for indian christians under indian succession act. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. registered will entitles executor to relief despite absence of specific account numbers. (Para 13 , 14 , 15 , 16 , 17) |
J U D G M E N T
For the sake of convenience, parties are referred to herein as per their litigative status before the Trial Court.
2. The unsuccessful plaintiff is the appellant herein.
3(a) The plaintiff filed the suit for declaration to declare the plaintiff is entitled to receive the Fixed Deposit kept by the deceased Xavier Regina Marie with the defendant Bank under the Fixed Deposit for the purpose of distributing the amount to the relatives as per the terms of the Will of the said Xavier Regina Marie dated 09.01.2017 and for further declaration to declare that the plaintiff is entitled to open the Locker No.95 maintained by the deceased Xavier Regina Marie with the defendant Bank and to pass a mandatory injunction directing the defendant Bank to release the Fixed Deposits standing in the name of the deceased Xavier Regina Marie and for a mandatory injunction directing the defendant Bank to permit the plaintiff to open the Bank Locker No.255 maintained in the name of the deceased as per the Will of Xavier Regina Marie.
3(b) The plaint proceeds on the basis that Smt. Xavier Regina Marie W/o Late Xavier Arockinathan is an account holder in Indian Overseas Bank, Karaikal, the defendant bank herein. The plaintiff is concerned that she is a distant relative of Smt. Xavier Regina Marie. Smt.Xavier Regina Marie was living at No.223, Church Street, Karaikal and died on 04.12.2018 in her home at Karaikal and her death was duly registered at Karaikal Municipality, vide Registration No.2018/01075.
3(c) The plaintiff further submits that the said Xavier Arockianathan who is the husband of Xavier Regina Marie predeceased her even as early as on 08.09.1968 at Karaikal. Smt. Xavier Regina Marie has got three sons for Xavier Arokianathan and the names of the sons are 1. Xavier Alphonse Radjou Julien 2.Xavier Anna Antonie and 3. Xavier Theodore. All the three sons of Xavier Regina Marie died as bachelors and unmarried without leaving any heirs. The 2nd son Xavier Anna Antonie died at France on 28.05.1998. The 1st son Xavier Alphonse Radjou Julien died at France on 06.05.2001 and their death were duly registered at France. The younger son Xavier Deothore also died on 07.11.2015 at Karaikal as unmarried and his death was duly registered at Karaikal Municipality. Therefore, all three sons and husband of Xavier Regina Marie predeceased her.
3(d) The plaintiff further submits that Xavier Regina Marie was owning a residential house at Church Street, Karaikal and she has also kept fixed deposit amounts with the defendant bank, Karaikal. Since there was no legal heirs to Smt. Xavier Regina Marie, during her life time, on 09.01.2017, Smt. Xavier Regina Marie has duly executed a registered Will and the Will was duly registered at Sub- Registrar Office, Karaikal in document No.16/2017 and the Will was executed in the presence of competent witnesses. The Will dated 09.01.2017 is the last Will of Smt. Xavier Regina Marie which has not been cancelled or modified during her life time.
3(e) According to terms of the Will, Xavier Regina Marie bequeathed her residential house to Holy Lady of Angel’s Church at Karaikal and in respect of fixed deposit amounts kept by her with the defendant bank, she bequeathed various amounts to her relatives and several charitable institutions. In her Will, Xavier Regina Marie expressively declared that since she has no direct descendants to inherit her movable and immovable properties and deposit amounts, she wanted to bequeath her house property to church and fixed deposit amounts to her relatives and charitable institutions. The details of deposits made by Smt.Xavier Regina Marie had been
