AI Overview...
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Filing Probate with Xerox Copy of Lost Will - Courts have recognized situations where a xerox or draft copy of a will can be filed for probate if the original is lost, but strict conditions apply. The petitioner must prove the existence and contents of the original, and courts often scrutinize the genuineness of xerox copies due to potential manipulations G. Paras Singh Munoth VS Gyanlatha - Madras, N. Sthirasundari VS V. Kalyani - Madras, E. Rajalakshmi VS C. Jaichander - Madras.
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Conditions for Probate of Copy or Draft Will - Under Section 237 of the Indian Succession Act and relevant rules, probate of a copy or draft of a lost will is permissible only if the original cannot be produced despite due diligence. The burden of proof lies on the petitioner to establish the existence of the original will and the reasons for its loss N. Sthirasundari VS V. Kalyani - Madras, E. Rajalakshmi VS C. Jaichander - Madras.
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Evidence and Authenticity Concerns - Courts emphasize the importance of authentic evidence; xerox copies are considered less reliable because they can be manipulated. Courts may refuse probate based solely on photocopies unless the petitioner convincingly proves the original's loss and the copy's authenticity Surbhi Sharma vs State of NCT of Delhi - Delhi.
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Legal Precedents and Judgments - Several judgments highlight that reliance solely on xerox copies without sufficient proof of original existence and genuineness is inadequate. Courts have rejected probate petitions where the authenticity of the copy was doubtful or where the original was not produced despite reasonable efforts G. Paras Singh Munoth VS Gyanlatha - Madras, N. Sthirasundari VS V. Kalyani - Madras, E. Rajalakshmi VS C. Jaichander - Madras.
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Practical Implication - While it is possible to file for probate using a xerox copy if the original is lost, the applicant must satisfy stringent legal requirements, including proof of loss, authenticity of the copy, and absence of manipulation. Courts tend to prefer production of the original will whenever possible SIBAJI MITRA VS PRAKASHWATI CHOPRA - Calcutta, G. Paras Singh Munoth VS Gyanlatha - Madras.
Analysis and Conclusion:
Yes, probate can be filed with a xerox copy of a will when the original is lost, but courts require robust proof of the original's existence, reasons for loss, and authenticity of the copy. Due diligence and credible evidence are crucial, and courts are cautious about accepting photocopies due to potential manipulations. Therefore, while permissible, filing a xerox copy demands strict adherence to legal standards to succeed in probate proceedings.
Search Results for "Can we File Probate of will with Xerox Copy of will when the Original will is Lost"
2018 0 Supreme(Mad) 2615 • India - Madras
C.V.KARTHIKEYAN
Petition was wife of Jain Testator - In petition seeking grant of probate it had been stated that Jain had executed Will in presence ... for delay in filing application seeking probate had not been explained in petition – Held, He has not produced it - He has not given ... of two witnesses and that petitioner had been appointed as Executor - Petition seeking grant of probate was filed in Jain died reason ... Probate of copy or draft of lost Will - When a will has been lost#HL....
2000 0 Supreme(Bom) 809 • India - Bombay
D.G.DESHPANDE
-When primo facie offence of theft of records from custody of Court against husband of petitioner is made out in a probate proceedings ... These two circumstances indicate; 1) that it was Ramesh Kriplani who was having original record of Probate Petition No. 668 of 1988; and 2) from which he produced the xerox copy. ... Aruna Ramesh Kriplani and her husband Ramesh Kriplani who was the constituted attorney through out and if the original record was lost, then productio....
2004 0 Supreme(Cal) 177 • India - Calcutta
J.K.BISWAS
PROBATE - Application for eviction under Chapter 13A of the Original Side Rules - Maintainability - Executor of Will - Whether ... entitled to file suit and application without obtaining probate - Probate not a condition precedent to institution of suit - Executor ... The plaintiff also filed an application under Chapter 13A of the Original Side Rules for the same purpose. ... All parties are to act on a signed xerox copy of this dictated order on th....
2013 0 Supreme(Mad) 408 • India - Madras
R.BANUMATHI, K.K.SASIDHARAN
Probate - Revocation - Order XXV, Rule 52 of Madras High Court Original Side Rules - Summary Fact of the Case: The ... Ratio Decidendi: The court held that under Order XXV, Rule 52 of Madras High Court Original Side Rules, the failure to file ... The court held that the appellants had lost their right to file an objection after being notified by the court. ... Learned single Judge declined to revoke the probate holding that Appellants having lost t....
2012 0 Supreme(Mad) 3936 • India - Madras
S.PALANIVELU
The plaintiffs claimed that they are the absolute owners of the suit property by virtue of a registered Will executed by the original ... The court further found that the plaintiffs had not proved the genuineness of the death certificate of the original owner of the ... The court further found that the plaintiffs had not proved the genuineness of the death certificate of the original owner of the ... There is no reference in the relevant page as to who authorised the official to paste the xerox copy of ....
2008 0 Supreme(Mad) 598 • India - Madras
SUDHANSU JYOTI MUKHOPADHAYA, M.VENUGOPAL
Fact of the Case: The appellant filed a suit seeking probate for a Will executed by Alamelu Ammal. ... Will - Probate - Evidence Act, Indian Succession Act - [Section 68, 89, 63] - The court analyzed the suspicious circumstances ... But in Ex.P.1 certified copy of registration copy of original Will dated 17.09.1986, the signature of the testatrix is mentioned as "Alamelammal in Tamil. ... However, in Ex.C.1 xerox copy of the Will dated 17.09.1986 of the Sub Registra....
2025 0 Supreme(Del) 411 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora
2008 SCC OnLine Bom 298 , at para 13] wherein the Court opined that in the process of preparing a xerox copy, there can be several manipulations, hence, it is unsafe to act upon such a xerox copy. ... The Petitioner has relied upon several judgements wherein the courts have given various distinguished circumstances for granting or rejecting probate petitions in the absence of its original.
1994 0 Supreme(Mad) 962 • India - Madras
SRINIVASAN, S.S.SUBRAMANI
Succession Act , 1925-Section 263-Explanation - Revocation of probate-Power agent had no power to withdraw caveat-Withdrawal petition ... filed by heirs of caveates-Application by caveators subsequently for revocation of grant of probate on allegation of compromise ... caveats no such averment made by power agent-Evading examination as a witness by the power agent is a just cause to revoke the provate ... The original of the docu-ment has not been filed in court. What is filed is only a xerox ....
2024 0 Supreme(Mad) 2187 • India - Madras
P. B. BALAJI
71) ... ... (B) Testamentary Proceedings - Burden of proof - The propounder must establish the existence of the original ... Will and its loss before seeking Letters of Administration based on a copy - Mere reliance on a photocopy is insufficient without ... Chapter II of Part IX which deals with limited grants and under the said Chapter, Section 237 deals with probate of copy or draft of lost Will. Section 239 deals with probate of a Will where original exists. Sec....
2015 0 Supreme(Cal) 762 • India - Calcutta
SUDIP AHLUWALIA
or conveyance deeds executed in its favour by the other defendants who are the reversionary legatees of the Will of the deceased original ... RES JUDICATA - SUIT BARRED - WILL - PROBATE - REVERSIONARY LEGATEES - HINDU SUCCESSION ACT, 1956 - SECTION 14 - MAINTENANCE - ... LIFE ESTATE - ABSOLUTE ESTATE - JURISDICTION OF PROBATE COURT - TITLE - ORDER 7 RULE 11 C.P.C - INTERPRETATION - ORDER 7 RULE 11( ... Suffice it to say, it is unfortunate that the plaintiff Sharad Subramanyam, in spite of being an original executor to th....
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