03 June 2025 Probate of Wills >> Inheritance  

This civil revision petition was filed challenging the Principal District Judge, Thiruvallur's order dated January 21, 2025, which allowed an application to implead a second respondent (R. Ashwin) in a probate proceeding (Probate O.P. No. 185 of 2018). The revision petitioner argued that this impleadment was incorrect, perverse, and barred by res judicata, citing a previous dismissal of a similar impleading application in CRP No. 469 of 2024 by the High Court on March 4, 2024. The petitioner also contended that the Will under consideration did not mention the second respondent as a beneficiary and that false information regarding the second respondent's minority was provided.

The respondents, however, countered that the registered Will dated August 9, 2006, which is the subject of the probate petition, clearly names the second respondent (R. Ashwin), who was then a minor, as a beneficiary of a portion of the estate. They argued that he is a necessary and proper party to the proceedings to protect his interest.

The High Court reviewed the submissions and the registered Will. It found that the Will indeed made a specific bequest to the second respondent, R. Ashwin. The Court also clarified that the dismissal of the earlier impleading application was on a technical ground (the beneficiary not being before the Court at that time) and therefore did not constitute res judicata for the current application. The Court held that even if there were false averments in the impleading application, it would not negate the beneficiary's right to participate.

Consequently, the High Court found no illegality or perversity in the District Judge's order allowing the impleading application. The civil revision petition was dismissed, with no costs. The District Court, Thiruvallur, was directed to ensure pleadings are completed within eight weeks and to expeditiously dispose of Probate O.P. No. 185 of 2018 within six months from the completion of pleadings, considering the long pendency of the case since 2018.