Indian Christians Nominated As Legatees Under A Will Can Establish Their Rights Without Obtaining Probate: Kerala HC
The Kerala High Court has held that Indian Christians nominated as legatees under a will can establish their rights without obtaining probate under Section 213 of the Indian Succession (Kerala Amendment) Act.
The Court set aside the reply by the Federal Bank Ltd. (Bank) for being “illegal and arbitrary” which had directed the Petitioner/Executor, an Indian Christian, to submit the death certificate of the deceased and a copy of the probated Will. The Bench emphasised the inapplicability of probate requirements for Wills executed by Indian Christians under Section 213 of the Indian Succession (Kerala Amendment) Act, 1996 [the Act].
A Single Bench of Justice C.S. Dias held, “Ext.P4 application is allowed by directing the respondents 2 and 3 to release the deposits of the deceased to the petitioner, on the strength of Ext.P3 Will, in accordance with the law, and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.”
Advocate John Varghese represented the Petitioner, while Senior Public Prosecutor Deepa Narayanan appeared for the Respondents.
The Petitioner was the executor of a registered Will executed by the deceased who had bequeathed his assets, including deposits with the Bank to the Petitioner and other legatees. Upon submission of a letter to the Bank requesting the release of deposits, the Bank insisted on producing a probated Will.
It was submitted that as per the guidelines of the Reserve Bank of India (RBI), all scheduled Banks are bound to settle claims of the deceased depositors within 15 days from their death. Further, it was submitted that in light of the amendment to Section 213 (2) of the Act, the insistence of the Bank to probate the Will was unwarranted.
The High Court noted that the testator was an Indian Christian, and he died after the coming into force of Section 213 of the Act. “The apprehension of the learned counsel for the respondent banks is that if the amounts under the deposits are paid to the petitioner on the strength of Ext.P3 Will before it is probated, the Banks may become answerable if any person stakes a claim over the deceased’s money. The above contention is naïve and untenable because of the provisions of the Succession Act and its well-settled interpretations,” it remarked.
The Bench pointed out that if the contention of the Banks were accepted, it would render Section 213 of the Act redundant. It was observed, “It appropriate to direct the petitioner to execute an indemnity bond in favour of the 3rd respondent bank, undertaking to indemnify respondents 2 and 3 in case any person raises any claim in respect of the deceased’s deposits’ released to the petitioner on the strength of the Will, which in turn will insulate the Banks and do complete justice to both sides.”
Consequently, the Court directed the Bank to release the deposits of the deceased to the Executor of his registered Will without insisting on probate.
Accordingly, the High Court allowed the Petition.
Cause Title: Ambily Jose v. Sub Registrar & Ors. (Neutral Citation: 2025:KER:253)
Appearance:
Petitioner: Advocates John Varghese and Ayisha T.S.
Respondents: Senior Public Prosecutor Deepa Narayanan; Advocate Leo George
