Summary: A court case in Mumbai questions whether a will signed in Ecuador with witnesses signing in India is valid. The court examines if this is a good reason to cancel the approved probate.
In the Bombay High Court, Sarwan Kumar Jhabarmal Choudhary, a businessman from Ecuador, challenged the probate granted to Sachin Shyamsundar Begrajka, a Mumbai resident. The will, allegedly signed by the deceased Rajesh Chowdhary in Ecuador, had witnesses sign in India. This unusual signing process raised questions.
The main question was whether the signing process of the will was a good reason to cancel the probate. The court had to decide if the examples in Section 263 of the Indian Succession Act were complete or just examples.
"The will was signed in Ecuador, but witnesses signed in India. Does this meet the legal requirements?" - Court's Dilemma
For Sarwan:
Sarwan's lawyer argued that the will was not valid since the witnesses didn't sign in front of the person who made the will. They claimed this was a good reason for cancellation, according to Section 263.
For Sachin:
Sachin's lawyer argued that the reasons for cancellation weren't covered by the Act's examples. They insisted that the examples were complete, leaving no room for Sarwan's claims.
Judges M. S. Karnik and N. R. Borkar discussed whether the Act's examples were complete. They concluded that the examples are just examples, meaning other situations could also be a good reason.
"The examples are not complete. Other situations can be considered a 'good reason' for cancellation." - Judges' Conclusion
The court decided that the unusual signing process could be a good reason for cancellation. This decision shows flexibility in legal interpretations, ensuring fairness and justice.
Summary of the Verdict: The court ruled that the unusual signing process could be a valid reason to cancel the probate, allowing the case to proceed further for more examination.
