Karnataka High Court Quashes Trial Court Order in Will Dispute

Court Rules Against Impleading Respondent with Adverse Interest in Probate Proceedings

In a significant decision, the Karnataka High Court has set aside a lower court's order that allowed the impleadment of a respondent claiming adverse interest in a probate case involving a disputed will. The decision, delivered by Justice S. Vishwajith Shetty, underscores the principle that individuals with interests adverse to the testator cannot participate in opposing a will.

The case concerns a writ petition filed by Smt. Meera M.R, the petitioner, seeking to overturn orders passed by the LXII Additional City Civil and Sessions Judge, Bengaluru, in probate proceedings related to the will of Smt. Jayamma. The respondent, Sri Gangadhara, had sought to be impleaded in the proceedings, claiming tenant rights over the property in question, which is part of the will executed by the deceased.

The High Court, after hearing arguments from both parties, emphasized that a person with no inheritance rights or kinship to the deceased testator cannot be considered as having a "caveatable interest." Justice Shetty noted that for a person to be a necessary party in probate proceedings, they must demonstrate that the granting of probate would prejudice their right by defeating a legitimate claim of succession or inheritance.

In the present case, the respondent, Sri Gangadhara, had contended that he had filed for occupancy rights under the Karnataka Land Reforms Act, 1961, for the land mentioned in the will. However, the court pointed out that the deceased testator had opposed this claim during her lifetime, and the respondent did not claim any right of inheritance.

The High Court ruled that the trial court erred in allowing the respondent's application for impleadment. Consequently, the High Court quashed the trial court's order dated December 11, 2023, thereby rejecting the applications that had allowed the respondent's participation in the probate proceedings.

This judgment reaffirms the legal threshold for individuals seeking to contest wills in probate cases, emphasizing that only those with legitimate succession claims can challenge such proceedings.

Bottom Line:

A person claiming interest adverse to the interest of the Testator cannot be allowed to come on record and oppose the Will executed by the Testator nor can such a person be considered as a person having caveatable interest.

Statutory provision(s): Civil Procedure Code, 1908 Order I Rule 10, Section 151, Section 152, Article 227 of the Constitution of India, Karnataka Land Reforms Act, 1961

Smt. Meera M.R v. Sri Gangadhara, (Karnataka) : Law Finder Doc Id # 2800644