AIROnline 2023 SC 405 ::2023 (6) WLC (Raj) 60 ::2023 (4) KCCR (SN) 388 (SC) ::AIR 2023 SC (Civ) 1600

Supreme Court Of India

Hon'ble Judge(s): V. Ramasubramanian, Pankaj Mithal , JJ

Succession Act (39 of 1925) , S.272, S.317— Probate - Application for supply of copy of - Rejection of - Probate was granted in 1972 in favour of one of partners of a firm named as executor - Senior partner of said firm not only obtained probate but also filed inventory in respect of estate/assets of deceased as well as final accounts before court as required u/S. 317 - There was never any grudge from any corner that assets of deceased were not properly distributed in consonance with Will - Concerned Court reported that the records were destroyed as per law - Existing partners of the firm were not able to trace any record after such a long time - Person claiming to be beneficiary/ heir of beneficiary had neither seen the copy of the Will nor was aware of the contents - On guesswork made by alleged beneficiary, Court could not order investigation into what happened to Will - High Court rightly refused to grant any relief AIROnline 2021 MAD 1430-Affirmed (Para 18 21 22 23) .....