Case Brief (Rewritten): Vatsala Srinivasan v. Narasimha Raghunathan

Citation: 2011 SCC OnLine Bom 78

Name of parties:

Appellants: Vatsala Srinivasan.

Respondent: Narisimha Raghunathan since deceased; Smt. Shyamala Raghunathan (Sole Beneficiary under the Will)

Bench:

Hon’ble Justice Dr. D.Y. Chandrachud, Anoop V. Mohta, JJ

Date Of Appeal: 2010

Date Of Judgement: Wed Jan 19 2011

Facts of Case

During the pendency of a suit for probate (legal validation of the Will provided by the competent court), which had been ongoing for 7 years, the sole executor died. The executor had filed a petition for probate that was challenged by the appellant (the original defendant). The proceeding was converted into a testamentary suit (suit where the Will is contested) upon the contest, and evidence was complete and ready for final hearing when the executor died. The respondent applied for substitution, which was allowed, and the proceeding was converted into one for Letters of Administration (LOA). The appellant argued that the probate proceedings should have ended with the death of the executor and that a fresh petition should have been filed. An appeal was preferred against the aforementioned decision.

Issues Before Court

• Whether a sole beneficiary under a will can seek substitution in place of an executor who has died during the pendency of a testamentary proceeding ?

Judgement

The  court dismissed the appellant's contention and upheld the decision of the learned single judge. The court reasoned that although probate is granted to an executor named in a Will, if such an executor is unavailable or unwilling to act, a beneficiary may be allowed to prove the Will. The court noted that both the probate and Letters of Administration proceedings have the same essence, which is to determine the genuineness and authenticity of the Will. In the absence of legislation preventing the conversion of the proceedings, the court refused to accept a submission that would delay the administration of the estate and result in multiplicity of proceedings. This decision was affirmed in Vatsala Srinivasan v. Shyamala Raghunathan, (2016) 13 SCC 253.

Key Takeaways

The Madras High Court considered whether, upon the death of a sole executor in a pending probate application, a legatee (beneficiary named in the Will) or other interested person could intervene and continue the proceedings to prove the Will and obtain letters of administration. It was held that whether an executor applies for probate or a legatee or other person applies for LOA with the Will annexed, the core questions are the same: (i) whether the Will is genuine; (ii) whether it was executed according to law; (iii) whether the testator had the capacity to make the Will; and (iv) whether there was no fraud or infirmity in the execution. The Supreme Court also addressed a similar issue in Shambhu Prasad Agarwal & Ors. vs. Bhola Ram Agarwal, ruling that while heirs of an executor cannot be substituted, legatees are not excluded from seeking substitution.