Deceased Man’s Wife And Children Get Chance To Contest Will After Karnataka HC Sets Aside Probate Granted To His Brother

The respondent, brother of the deceased M. Munikrishnappa, petitioned under Section 276 of the Indian Succession Act, 1925, for probate of a Will dated 23 August 2017.

The Principal District and Sessions Judge, Chikkaballapura, granted probate on 13 July 2022, relying on the Will and witness evidence; the proceedings had gone uncontested after newspaper publication.

The deceased’s wife, daughter and son appealed under Section 299, contending that they were directly interested in the estate, had not been impleaded or given notice, and had been identified in a genealogy certificate produced in the probate proceedings.

The appeal was brought under Section 299 of the Indian Succession Act, 1925, and the probate petition had been filed under Section 276 of that Act.

The Court applied the procedural principle that persons directly interested in the estate should be afforded an opportunity to participate and present objections before the probate matter is determined.

The appellants were the deceased’s wife and children and were directly interested in his estate.

The probate proceedings had concluded without their being joined or afforded an opportunity to place objections on record; the Court also noted that their relationship appeared in the genealogy certificate produced by the respondent.

In those circumstances, the Court held that the matter required fresh consideration with the appellants participating.

It expressly left the genuineness and validity of the Will for determination by the Trial Court on the evidence, without expressing a view on the merits.

It remitted the matter to the Principal District and Sessions Judge, Chikkaballapura, for fresh consideration after permitting the appellants to file objections and all parties to participate.

The parties were directed to appear on 12 November 2026, and the Trial Court was directed to decide the matter independently on its merits.