The Supreme Court on Friday held that in a high-stakes estate dispute involving rival claims over the estate of a Late MP Dr Mahendra Prasad, the probate proceedings concerning a 2011 registered Will must be decided before the civil suit for partition and other reliefs reaches final adjudication.

The case concerns two daughters-in-law of the deceased parliamentarian and contesting rights over “a vast empire of thousands of crores.” While the High Court had restored a civil suit filed decades after the alleged cause of action, the apex court modified the arrangement to ensure procedural clarity.

The Bench of Chief Justice of India, Justice Surya Kant,Justice Joymalya Bagchi, and Justice Vipul M. Pancholi observed that since the core issue relates to the validity of the Will, “the real central issue will be in the probate issue,” emphasizing that probate jurisdiction, being a proceeding in rem, must logically precede determination of rights flowing from intestate succession claims.

Affirming the High Court’s decision restoring the suit, the Court clarified that both the probate case and the civil suit shall proceed simultaneously before the same Single Judge, but without consolidation. “There shall be no consolidation of the cases,” the Court directed, adding that while evidence may be recorded in the civil suit, “no final adjudication of any issue in the suit shall take place till the probate is decided.”

Addressing concerns that a key witness may not survive to testify, the Court permitted the plaintiff to move an application under Order XVIII Rule 16 CPC for recording evidence in advance, subject to law. The Bench further directed that both proceedings be taken up together for effective case management, and clarified that the suit would revive fully depending on the outcome of the probate. “In the event the probate is not granted, the suit would naturally revive,” the Court noted.

The Court also directed that the probate proceedings be expedited, observing that early resolution would serve the interests of all parties and avoid conflicting findings across jurisdictions.

With these directions, the appeal was disposed of.

Appearances

Sr Adv Mukul Rohatagi