Introduction:

In the matter of Sitaram Goswami vs. Shanti Devi and Ors., the Jharkhand High Court was called upon to adjudicate a Miscellaneous Appeal against the dismissal of a probate petition under Section 276 of the Indian Succession Act by a lower court.

Arguments:

The appellant, Sitaram Goswami, asserted that his paternal grandaunt, Srimatiya Radha Debya (also known as Kusum Debya), had executed a registered will on 03.09.2004 in his favour, shortly before her death on 26.09.2004. The respondents, being heirs and descendants of another branch of the family, contested the probate application, arguing that the testatrix had not been in a sound state of health, mentally or physicall, —to execute such a will, citing her alleged prolonged illness and claiming that she was being cared for by them. They further raised objections regarding the vagueness of property details in the will and questioned the testatrix’s right to bequeath the suit property.

Judgement:

However, the High Court, presided over by Justice Gautam Kumar Choudhary, rejected these objections, ruling that the probate court’s function is limited to verifying the authenticity and voluntariness of the will, not to adjudicate on property title disputes. The Court held that vague suspicions cannot override a duly registered and witnessed will, especially in the absence of documentary evidence to substantiate the health concerns claimed by the respondents. It reiterated that a will’s validity cannot be doubted merely because the testator passed away soon after its execution or because it lacked precise property descriptions. Referring to Jaswant Kaur v. Amrit Kaur and other precedents, the Court emphasised that the absence of suspicious circumstances, together with legal compliance under Sections 63 of the Indian Succession Act and 68 of the Evidence Act, is sufficient to prove a will. Accordingly, the High Court set aside the lower court’s order, allowing the probate application and directing that the probate be granted in favour of the appellant with a copy of the will annexed, upon fulfilment of legal formalities and court fee payment.