Legal Reasoning Questions for CLAT | QB Set 27

In matters relating to the estate of a deceased individual, the legal procedures of probate and partition hold significant importance in determining the distribution of the deceased’s property. Probate is the process of legally validating a will, while partition suits are typically initiated to divide the property among heirs, especially when no will exists. Often, these two legal processes overlap, raising concerns about the jurisdiction of civil courts and probate courts.

Probate, as per the Indian Succession Act, 1925, is defined as a certified copy of a will, validated by the court, that grants authority to an executor to manage the estate. This process ensures that the will is authentic and that the deceased’s wishes are carried out. In India, different states have varying requirements regarding probate, with some states mandating probate regardless of whether the will is registered.

An executor plays a key role in probate proceedings. According to the Act, only a named executor in the will can apply for probate, and individuals like minors or those of unsound mind are not eligible to be executors. The executor is responsible for executing the will and distributing the assets as per the deceased’s instructions.

A partition suit, on the other hand, is filed when legal heirs seek division of property after the death of the owner, particularly when no will is present. Disputes often arise between heirs in such cases, with some supporting the partition due to an alleged intestate death (without a will) and others contesting based on a will. This leads to complex legal proceedings where probate petitions and partition suits are heard simultaneously.

In such overlapping cases, the courts face challenges in deciding jurisdiction. Although Section 10 of the Civil Procedure Code (CPC) prohibits multiple suits on the same issue, it is argued that probate petitions and partition suits address distinct legal matters—whether there is a valid will or intestate succession. Thus, judicial precedents play a critical role in resolving these legal conflicts, as statutory provisions may not always provide clear guidance.

Questions

Question 1

Situation: Sanjay’s father passed away, leaving a will that named Sanjay as the executor. His siblings, however, claim that the will is fake and that their father died intestate. They file a partition suit in a civil court to divide the property. Sanjay, on the other hand, files for probate of the will in a probate court. The civil court is about to proceed with the partition suit.

Legal Issue: Can the civil court proceed with the partition suit while the probate petition is pending?

(a) Yes, because probate and partition are unrelated processes.
(b) No, because once probate is filed, the civil court must halt proceedings until the probate court decides on the will.
(c) Yes, because Section 10 of the Civil Procedure Code allows for multiple suits if they involve different issues.
(d) No, the civil court cannot hear any matter involving property disputes.

Question 2

Situation: Meera, aged 16, is named as the executor in her grandmother’s will. The will states that she is responsible for distributing the estate between her parents and uncles. Meera’s uncle, Rajesh, files for partition, arguing that a minor cannot be an executor and that the estate should be divided without probate.

Legal Issue: Can Meera apply for probate and act as the executor of the will?

(a) No, because minors are not legally eligible to be executors under the Indian Succession Act.
(b) Yes, because the will named her as the executor, and she should be allowed to fulfill her duties.
(c) Yes, provided she has her guardian’s consent.
(d) No, because probate is not required when family members file a partition suit.

Question 3

Situation: Aarav’s father dies intestate, and Aarav’s siblings file a partition suit for the family property. However, Aarav finds an unregistered will, naming him as the sole beneficiary and executor. Aarav files for probate of the will, but his siblings argue that an unregistered will has no legal standing, and the partition suit should proceed.

Legal Issue: Does an unregistered will prevent Aarav from filing for probate?

(a) Yes, the will must be registered to be valid for probate.
(b) No, as per the Indian Succession Act, an unregistered will can still be probated.
(c) Yes, because probate courts only handle registered wills.
(d) No, because partition cases take precedence over probate.

Question 4

Situation: Suman, the widow of the deceased, has filed a probate petition claiming that her husband’s will left the entire estate to her. The deceased’s children contest the will, claiming that their father died intestate. They file a partition suit in a civil court, seeking their shares. The probate court has scheduled a hearing to validate the will.

Legal Issue: What is the appropriate legal process to determine the distribution of the deceased’s estate?

(a) The civil court should hear the partition suit first.
(b) The civil court and probate court can hear the cases simultaneously.
(c) The probate court must first determine the validity of the will before any partition can occur.
(d) The civil court can dismiss the probate petition and proceed with the partition suit.

Question 5

Situation: Kavita’s grandfather named her as the executor in his registered will. After his death, Kavita files for probate. Meanwhile, Kavita’s cousin Neha files a partition suit, arguing that she is entitled to a share as there is no valid will. The civil court is confused about whether it can hear the partition suit or must wait for the probate decision.

Legal Issue: Can the civil court proceed with Neha’s partition suit while Kavita’s probate petition is still pending?

(a) Yes, because both probate and partition are separate processes.
(b) No, because only probate courts can decide property issues when a will is involved.
(c) Yes, because the probate petition only affects Kavita, not Neha.
(d)  No, because the probate court’s decision on the will is necessary before property division.

Detailed Answers

Answer 1: (b) No, because once probate is filed, the civil court must halt proceedings until the probate court decides on the will.

Explanation: A probate petition determines the validity of the will, which is essential before deciding on property division. If a valid will exists, the property must be distributed according to it. Thus, the civil court must wait for the probate court’s decision before proceeding with the partition suit.

Answer 2: (a) No, because minors are not legally eligible to be executors under the Indian Succession Act.

Explanation: Under the Indian Succession Act, only individuals who are of sound mind and have attained majority (above 18 years) can serve as executors. Since Meera is a minor, she cannot apply for probate or serve as the executor.

Answer 3: (b) No, as per the Indian Succession Act, an unregistered will can still be probated.

Explanation: The Indian Succession Act does not require wills to be registered for them to be valid. Aarav can still apply for probate of the unregistered will, and its validity will be determined by the probate court, not its registration status.

Answer 4: (c) The probate court must first determine the validity of the will before any partition can occur.

Explanation: The probate court must first establish whether a valid will exists. If the will is authenticated, it will determine the distribution of assets. Only in the absence of a valid will can the civil court proceed with partition based on intestate succession.

Answer 5: (d) No, because the probate court’s decision on the will is necessary before property division.

Explanation: A probate court’s decision on the will’s validity must be awaited before the civil court can proceed with any partition suit. If a valid will exists, it supersedes the partition process as it outlines the deceased’s intended distribution of the estate.