1979 (10) TMI 235 - HC - Indian Laws

Summary

Issues:
1. Incorrect preparation of Probate by the Registry.
2. Inclusion of affidavit of valuation with Annexures 'A' and 'B' as part of the Probate.

Analysis:

Issue 1: Incorrect preparation of Probate by the Registry
The case involves a Will made by Mrs. Pushpa Tandon in 1971, with a petition filed by Mrs. Anita Rewal for the grant of probate under Section 276 of the Indian Succession Act, 1925. The Probate was ordered to be granted in May 1979. However, the Probate prepared by the Registry included details of property in Annexures 'A' and 'B,' which the petitioner's counsel argued was not in accordance with the Act. The court highlighted that the prescribed form for Probate under Section 289 of the Act does not allow for the mention of property details. The judgment emphasized that the Probate is granted to the executor to administer the deceased's entire estate, and the executor is required to file an inventory of all assets under Sections 317 and 318 of the Act. The court referred to Section 19-E of the Court-fees Act for cases of underestimation of estate value for court-fees purposes, emphasizing the importance of adhering to the prescribed form for Probate.

Issue 2: Inclusion of affidavit of valuation with Annexures 'A' and 'B' as part of the Probate
The petitioner's counsel argued that the affidavit of valuation with Annexures 'A' and 'B' should not form part of the Probate, as it is solely for determining court-fees under Section 19-I of the Court-fees Act. The counsel contended that there is no provision in the Indian Succession Act, 1925 for incorporating the affidavit of valuation in the Probate. The court agreed with this argument, stating that the affidavit of valuation filed under the Court-fees Act should not be attached to the Probate. The judgment highlighted that the Probate's effect extends over all the deceased's property, movable or immovable, as per Section 273 of the Act. Therefore, the court ordered the Probate to be corrected by removing the affidavit of valuation and directed the petitioner to comply with Sections 317 and 318 of the Indian Succession Act, 1925 for estate administration.