Powers of District Judge

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Krishna Kumar Birla vs Rajendra Singh Lodha

   Supreme Court of India 31 Mar 2008 Binding (Supreme Court) Reportable (2008) 4 SCC 254

   Court's Decision & Legal Precedent

   To sustain a caveat, a caveatable interest must be shown. The test required to be applied is: does the claim of grant of probate prejudice the caveator's right because it defeats some other line of succession in terms whereof the caveator asserts his right. A fundamental characteristic of probate proceedings is that whatever would be the interest of the testator, the same must be accepted and the rules laid down must be followed. Consequently, any person questioning the existence of title in respect of the estate or the capacity of the testator to dispose of the property by will on grounds outside the law of succession would be a stranger to the probate proceeding, inasmuch as none of such rights can effectively be adjudicated therein. A caveatable interest is an interest in the estate of the deceased to which the caveator would otherwise be entitled, subject to having a special interest therein. After coming into force of the Hindu Succession Act, 1956, the concept of reversioner, agnate, and cognate interest in succession has been fundamentally altered. Only heirs specified in Classes I and II under the Act can claim succession. Distant relatives, family members, and executors of an earlier unprobated will do not have caveatable interest in the estate unless they are named as beneficiaries or have direct stake in the distribution. The existence of mutual wills or filing of suit to enforce mutual wills does not create caveatable interest in the original probate proceedings; such enforcement is remedy in equity through specific performance, not in probate court. A later will, even if in breach of mutual will agreement, is valid and probatable as probate court is concerned only with last will of testator.

   On this section: District Judge can issue citations calling upon all persons claiming to have any interest in estate of deceased to come and see proceedings before grant of probate. Section provides forum for interested persons to appear, determines who are interested parties based on their interest in estate.

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.