IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 10 OF DECEMBER, 2025 MISC. APPEAL No. 5657 of 2024 HIMANSHU GUPTA Versus PUBLIC OF LARGE Appearance:

Shri Abhisehk Singh Bhadauria - learned Counsel for appellant.

ORDER This Miscellaneous appeal under Section 299 of the Indian Succession Act, 1925 is filed by the appellant challenging the order dated 02.07.2024 passed by the First District Judge, Dabra, in MJC(Succession) No. 03 of 2024, whereby the probate application filed by the appellant under Sections

255 and 276 of the Indian Succession Act, 1925 was rejected.

2. It is not in dispute that the appellant seeks probate in respect of the will and bank fixed deposit executed by the deceased Haribabu Gupta in his favour.

3. The necessary facts giving rise to the present appeal, in brief, are that the deceased Haribabu Gupta, son of Shri Narayan Gupta, resident of Mahavirpura, Dabra, District Gwalior, M.P., was the maternal uncle of the appellant. He had no children, and his wife, Smt. Kusum Gupta, predeceased him on 09.02.2019. The deceased owned several agricultural lands, namely, in village Dabra bearing Survey No. 1703/4 min area 0.031 hectare, Survey No. 1705/2 min-4 area 0.178 hectare, total area 0.209 hectare; in village Kosa bearing Survey No. 108 area 1.330 hectare, Survey No. 111 area 0.580 hectare, total area 1.91 hectare; and in village Thekanpur bearing Survey No. 93 min-4 area 0.420 hectare, of which half share is 0.210 hectare. The deceased also held a savings account at Punjab National Bank, Bhitarwar Road, Dabra (Account No. 08122010003980) with a balance of Rs. 32,80,390.62. Pleased with the appellant’s care and service, the deceased executed a registered will in favour of the appellant on 15.03.2019, declaring that he would remain the owner of his properties during his lifetime and that the appellant would inherit them after his death. The deceased passed away on 19.12.2023.

4. The appellant filed a probate application before the trial court to obtain probate of the registered will. Notices were published in newspapers to the public, and no objections were received. Evidence was recorded, including statements of the appellant and witnesses Himanshu Gupta (appellant), Rajendra Sharma (attesting witness), and Ramesh Chandra Gupta (attesting witness). Documents were submitted, including the will (Ex.P-01), Khasra records (Ex.P-02 to Ex.P-06), bank statement (Ex.P-07), and death certificate (Ex.P-08). Despite this, the learned trial court rejected the probate application on the grounds that the will was not duly authenticated as per the provisions of Sections 63 of the Indian Succession Act, 1925, and Section 68 of the Evidence Act, ownership of certain immovable properties was not proved, and consequently, the appellant could not obtain probate. Hence, this appeal.

6. It is contended on behalf of the appellant that the will is a registered will and the normal procedure for proving a will does not apply. There are no objections or allegations against the appellant or the will. The Registrar, while registering the will, confirmed its execution by the deceased, and in the absence of any rebuttal, this is binding on the court. The learned trial court erred in examining the ownership of properties, which is irrelevant for probate purposes. The evidence of the attesting witnesses, which is unrebutted, suffices under Sections 63 and 68 of the Evidence Act to establish execution of the will. The learned trial court exceeded its jurisdiction in rejecting the probate application. It is prayed that the impugned order be set aside and probate of the will be issued in favour of the appellant.

7. Heard learned counsel for the appellant and perused the impugned order as well as the documents available on record.

8. On perusal of the record, it is evident that Exhibit P-01 is a registered will executed before the Sub-Registrar, Dabra. Provisions of Sections 63 and 68 of the Evidence Act require