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L.S. Rajamanikam v. W.H. Farrar

Madras High Court
Apr 19, 1922
Smart Summary (Beta)

Judgment Summary — Appeal under Section 263 of the Succession Act (Probate of Will and Codicil of Rev. E. C. Scudder)

Factual and Procedural Background

This is an appeal under Section 263 of the Succession Act against the order of the District Judge of North Arcot granting probate of a will (Ex. A) and a codicil (Ex. B) of Rev. E. C. Scudder (deceased). Probate had been opposed by one Rajamanikam (the caveator) on several grounds. On the evidence before the court the only ground argued was undue influence.

Rajamanikam claimed to be the adopted son of the deceased and relied on prior expectations (including a letter from the deceased dated 1910, Ex. III). Under the 1918 will Rajamanikam received nothing; the 1919 codicil (executed shortly before death) allowed him to choose certain personal effects but expressly excluded the deceased's insurance policy by an interlineation of the words "and excluding my insurance policy." That interlineation was alleged to have been produced by undue influence.

The District Judge admitted the caveat and decided the matter on the footing that the caveator had no interest. On appeal the principal issues considered were (1) whether there was evidence of undue influence and (2) whether the caveator could raise an objection under Section 105 of the Succession Act relating to bequests for religious or charitable purposes.

Legal Issues Presented

  1. Was the will and codicil procured by undue influence (as alleged by the caveator)?
  2. Did the caveator (Rajamanikam) have locus standi to contest the will — in particular, could he be treated as an adopted son with an interest sufficient to permit him to impeach the will?
  3. Were the requirements of Section 105 of the Succession Act complied with in respect of the alleged bequest to the American Arcot Mission, and if not, is non-compliance a ground to refuse probate?
  4. To what extent can questions of title, domicile and succession law (including possible foreign-law adoption and succession to movable property) be investigated in probate proceedings?

Arguments of the Parties

Caveator's (Defendant's) Arguments

  • The caveator alleged undue influence by members of the American Arcot Mission in producing the interlineation excluding the insurance policy from the codicil, and thus sought to impeach the will on that ground.
  • The caveator claimed to be the adopted son of the deceased and contended that, if recognised as such (particularly under the law of the deceased's domicile, said to be the United States of America), he would be a nearer relative within the meaning of Section 105 and the bequest to the Mission would be invalid unless the procedural requirements of Section 105 were complied with (i.e., will executed at least 12 months before death and deposited within six months of execution).
  • Specifically in paragraph 6 of his objections he contended that the provisions of Section 105 had not been complied with and therefore probate should be refused.

Other / Proponent Position (as reported in the opinion)

  • The plaintiff/proponent did not press the Section 105 point before the court because that point had been decided in his favour at an earlier stage.
  • Both sides were reluctant to raise the Section 105 point on appeal: the defendant because he was not prepared to establish the validity of the alleged American adoption on the record, and the plaintiff because of the prior decision in his favour.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Rahamtullah Sahib v. Rama Rau Establishes that being a legatee under a codicil does not give a right to denounce the will or call for proof of it in solemn form; supports the proposition that the propounder may call upon a caveator to show some interest to contest a will. Used to question the caveator's locus standi and to support the position that a legatee alone lacks the right to impeach the will in probate proceedings.
Hingeston v. Tucker (as expounded by Sir C. Cresswell) Adopted law in Rahamtullah Sahib v. Rama Rau; relates to conditions under which a person may be permitted to contest a will. Referenced as underlying authority for the requirement that a challenger must show some interest before contesting a will.
Crispin v. Doglioni (Sir C. Cresswell) Holds that the mere possibility of filling a character which would give interest is not sufficient; there must be a possibility of having an interest in the result of setting aside the will. Applied to suggest that the caveator likely only had the mere possibility of filling a character giving interest, and thus might lack locus standi.
Administrator General of Madras v. Simpson Establishes that a wife is not a "relative" for the purposes of the relevant provision (as used in the opinion). Used to support the District Judge's (and court's) view disregarding a wife's position under paragraph 6 of the will when considering Section 105.
Boneha v. Boncha Raised the question whether a decree of Probate Court pronouncing for the validity of the will and finding domicile is conclusive in rem as to domicile. Referenced in discussing the limits of what a probate decree conclusively determines (i.e., that probate is not conclusive on all matters such as title or domicile beyond testamentary validity).
Whicker v. Hunu (opinion of Lord Cramworth quoted by Lord Herschell) Opinion quoted that a probate is conclusive evidence that the instrument was testamentary according to the law of the country, but proves nothing beyond that. Used to support the proposition that probate is conclusive only as to the testamentary character of the instrument, not as to other matters like title or domicile.
Barot Parshotam Kalu v. Bai Muli Held that incapacity of the deceased to dispose of some or all property by will is not a ground for refusing probate. Applied to show that even if the deceased lacked power to dispose of some property, that does not justify refusing probate.
Hormusji Navroji v. Bai Dhanbaiji Jamsetji Dosabhai Held that probate is conclusive only as to the appointment of executors and the validity and contents of the will; it is not a court of distribution for title questions. Relied upon to conclude that the probate application is not the proper forum to adjudicate title or the validity of dispositions beyond testamentary validity.
Behary Lall Sandyal v. Juggo Mohun Gossain States that the grant of probate perfects the title of the executor to the property which belonged to the testator and over which he had disposing power. Used to show that probate affects only property the testator could lawfully dispose of and does not resolve broader title disputes in the probate proceeding itself.
Siddiah Chetty v. Venkataroya Chetty Concerned fees in a Probate Appeal in the High Court and discussed procedure for fees in mofussil courts; cited in the context of remuneration. Referenced to explain that the High Court decision did not intend to alter mofussil practice on ad valorem fees; the Court upheld the lower court's fee allowance.

Court's Reasoning and Analysis

The court proceeded through several discrete lines of analysis, each tied closely to the material before it and the authorities cited.

  1. Undue influence: The court found "not a trace" of undue influence in the evidence. The allegation that members of the American Arcot Mission induced the interlineation excluding the insurance policy was unsupported by evidence; the appellate judge agreed with the District Judge in rejecting undue influence.
  2. Locus standi / adoption: The District Judge raised but did not decide whether the caveator had locus standi to contest the will. The court examined authority (including Rahamtullah Sahib v. Rama Rau and Crispin v. Doglioni) establishing that a person challenging a will must show some interest — a mere possibility of later acquiring a character that would give interest is insufficient. The court observed that if Rajamanikam's claim of adoption were to be accepted, it would have to be established according to the law of the deceased's domicile (allegedly the United States), and that this had not been shown. The court considered it probable the caveator only had the lesser possibility and therefore might lack locus standi; however, because the District Judge had admitted the caveat and disposed of it on the footing that the caveator had no interest, the appellate court did not rest its decision solely on locus standi.
  3. Section 105 objection (bequest to religious/charitable use): The defendant argued that Section 105 of the Succession Act (which restricts bequests to religious or charitable uses by persons who have nearer relatives unless the will was executed at least 12 months before death and deposited within six months) had not been complied with in respect of the bequest to the American Arcot Mission (paragraph 4 of the will). The court noted it was not deciding definitively whether the bequest constituted a charitable or religious use but, for purposes of argument, assumed it might.
  4. Interaction of Section 105 with probate proceedings and title: The court analyzed whether non-compliance with Section 105 could be raised and decided in probate proceedings so as to refuse probate. It recited authorities showing the limited scope of probate: probate is conclusive as to the testamentary character, the validity and contents of the will, and the appointment of executors, but it is not the proper forum to try title to property or to adjudicate matters of succession and domicile which determine whether the testator had power to dispose of particular property. Cited authorities (Boneha v. Boncha; Whicker v. Hunu; Hormusji Navroji; Behary Lall Sandyal; Barot Parshotam Kalu) were used to support the view that objections going to title or the testator's competence to dispose of property (including potential effects of Section 105) are not grounds for refusing probate in the probate proceedings themselves.
  5. Conclusion from analysis: Because the caveator's Section 105 objection raised a title-type question — dependent on whether the caveator could establish adoption under the law of domicile and thereby show the existence of a "nearer relative" — it was not appropriate to entertain that objection in the probate application. The court held that such issues could be the subject of subsequent proceedings, but they did not justify refusing probate.

Holding and Implications

HOLDING: The grant of probate of the will and codicil of Rev. E. C. Scudder is confirmed and the Civil Miscellaneous Appeal is dismissed with costs.

Implications and Consequences

  • The court affirmed the District Judge's rejection of the undue influence allegation, finding no evidence to support it.
  • The court held that objections of the nature raised under Section 105 (which require inquiry into whether the testator had a nearer relative and whether the will complied with Section 105 procedural requirements) are matters going to title or the capacity to dispose and are not proper grounds for refusing probate in probate proceedings themselves.
  • The caveator may still be able to establish, in appropriate proceedings outside the probate application, a right to call in question the validity of some or all of the bequests (for example, by proving adoption under the law of domicile). The existence of such potential future claims does not justify withholding probate.
  • Costs and fees: The lower court awarded pleader's fees of Rs. 450 on Rs. 20,421 (approximately under 2½%) and this award was upheld; Vakil's fee in the High Court was Rs. 75. The court referred to Siddiah Chetty v. Venkataroya Chetty to explain that the High Court case did not alter mofussil ad valorem fee practice.
  • No wider change in the law was announced; the judgment applied existing authorities to the facts before the court and confirmed the limited scope of probate proceedings in adjudicating title or capacity issues.

Disposition: Appeal dismissed. (Ayling, J. agreed.)

Show all summary ...

Odgers, J. — This is an appeal under Sect. 263 of the Succession Act against the order of the District Judge of North Arcot granting probate of a will and codicil of Rev. E. C. Scudder deceased. The will and codicil are respectively Exs. A and B. Probate was opposed by one Rajamanikam on several grounds. The only one argued before us on the evidence was that of undue influence.

This is said to have come from members of the American Arcot Mission. It is sufficient to say that there is not a trace of any such undue influence in the evidence. The fact seems to be that Rajamanikam claims to be the adopted son of the deceased and to have had (either justifiably or not) expectations from him (see the letter written to him by deceased in 1910 or 9 years before his death, Ex. III). Under the will executed in 1918 Rajamanikam got nothing, by the codicil executed just before the death of the testator in 1919, he is allowed to choose certain personal effects of the deceased excluding his insurance policy. The words “and excluding my insurance policy” were interlineated in the codicil and it is this interlineation which is said to have been brought about by undue influence. As already stated there is absolutely nothing to support this in the evidence and I have no hesitation in agreeing with the learned judge on this point.

The learned judge raises but does not decide the point of the locus standi of the caveator Rajamanikam to contest this will at all. True he is a legatee under the codicil, but that clearly gives him no right to either denounce the will or call for proof of it in solemn form: Rahamtullah Sahib v. Rama Rau(1). If it is answered that Rajamanikam claims to be the adopted son of the deceased, it is very doubtful if such an adoption would be recognised by the law of the deceased's domicile which is said to be the United States of America. But for the alleged adoption, he would have no interest in the estate in the event of an intestacy. As to his contention that the law of the United States of America would in such an event make him heir to the property of the deceased, the learned judge says Rajamanikkam has not shown him any authority for this view. In Rahamtullah Sahib v. Rama Rau already cited it was held adopting the law as expounded by Sir C. Cress well in Hingeston v. Tucker(2) that before a person can be permitted to contest a will, the party propounding it has a right to call upon him to show that he has some interest. A bare possibility is sufficient provided it rests on existing facts, but as these pointed that it was held by Sir C. Cresswell in Crispin v. Doglioni that the possibility of filling a character which would give the party concerned an interest is not sufficient, but that there must be a possibility of having an interest in the result of setting aside the will. It appears to me probable that the caveator would fall under the former clause as only possessing the possibility of filling a character which would give him an interest and that therefore the caveator ought to have been held to have no locus standi. The learned District Judge has however admitted the caveat and has disposed of it on the footing that the caveator has no interest. This was argued before us and I do not therefore rest my decision on this ground.

The most serious argument advanced was that taken by the defendant (caveator) in paragraph 6 of his objections. This is to the effect that the provisions of Sect. 105 of the Succession Act have not been complied with and that probate should therefore be refused. That section enacts:—

“No man having a nephew or niece, or any nearer relative, shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons.”

Paragraph 4 of the will (Ex. A) runs as follows:—

“I give and bequeath to the American Arcot Mission all property, real and personal, of which I die possessed with the exception of the provisions hereinafter made in this will, to be held as a trust-fund by the said Mission for the purposes hereinafter mentioned and to be known as ‘The Minne and Mabel Trust Fund.’”

It may therefore be that this constitutes a bequest to a religious or charitable use though I must not be taken to be so deciding. The question has never yet been raised as to the character of the bequest to the Mission. In the absence of any evidence, I cannot say whether or not the bequest would fall within the mischief of the section. But I will assume for the purposes of this judgment only and under the circumstances to be presently adverted to that it does so fall. Both sides were unwilling to raise the point before us. Mr. Chenchiah for the defendant because he was, I take it, unprepared to satisfy us that this alleged adoption was valid by American Law even if he were entitled to endeavour to do so on the state of the record; the plaintiff as he had had the point decided in his favour. It arises thus if the bequest to the Mission is a religious or charitable use within Sect. 105 of the Succession Act and if the defendant should establish (assuming he is at liberty to do so) that he is entitled to recognition as the adopted son of the deceased, then the deceased may have died leaving a “nearer relative” within the words of the section and he therefore would not have the power to bequeath to the Mission as admittedly the will, though executed more than 12 months from his death (the codicil was not) was not deposited as required by the section. All this as above stated is on the large assumption that the caveator can establish his adoption according to the law and testators domicile and his right to succeed on that title to his property in the case of an intestacy. It may here be noted that succession to immoveable property in British India of a person deceased is regulated by the Succession Act whatever his domicile at the time of his death, but succession to his moveable property is regulated by the law of his domicile. (Sect. 5 of the Succession Act.)

Now assuming all this i.e, that the defendant might hereafter establish locus standi to impeach the disposition of the testator in favour of the American Arcot Mission the question arises can be on that ground be heard to oppose the grant of probate. If he can, it might be that the question of the fact and validity of his alleged adoption would have to form the subject of an inquiry; if he cannot, his objection on the score of Sect. 105 goes and the objection on the ground of undue influence having been overruled the probate must be confirmed. I should have noted that the District Judge was right in disregarding the bequest to the wife in paragraph 6 of the will. A wife is no relative, Administrator General of Madras v. Simpson. His trading is that there being no proof of the existence of a nephew or niece Sect. 105 has no application. It is first to be observed that Sect. 105 says “no man having…………. shall have power to bequeath etc,” it is contained in part XII of the Act which is headed ‘Of Void Bequests.’ It does not say that a will containing such a bequest is for that reason invalid. In Boneha v. Boncha, the question arose as to whether a decree of the Probate Court pronouncing for the validity of the will and finding that deceased was a domiciled Englishman at the date of the will and at his death and decreeing probate to the executors was conclusive in rem as domicile. The opinion of Lord Cramworth in Whicker v. Hunu, as quoted by Lord Herschell, L. C, (quoted at page 551) that a probate is conclusive evidence that instrument provided was testamentary according to the law of the country. But it proves nothing else. Lord Blackburn at page 563 says that as regards personality the Court of Probate is not a Court of distribution. In Barot Parshotam Kalu v. Bai Muli, it was objected that probate should be refused on the ground that the will was invalid as deceased was not competent to dispose by will of property inherited from her husband. The Court held that the fact that deceased was incapable of disposing of some or all of her property by will was no ground for refusing probate. Again in Hormusji Navroji v. Bai Dhanbaiji Jamsetji Dosabhai(3) it was held that probate was only conclusive as to the appointment of executors and the validity and contents of the will. It is not the province of the Court on the application for probate to go into the question of title with reference to the property of which the will purported to dispose of the validity of such disposition. Further in Behary Lall Sandyal v. Juggo Mohun Gossain(4) it is said that the grant of probate only perfects the title of the executor to the property which did belong to the testator and over which he had a disposing power. It appears therefore that the caveator has no right to agitate the matter of Sect. 105, Succession Act in the proceedings for probate. He may hereafter be able to establish his right to call in question the validity of some or all the bequests made by the testator; that as shown by the authorities above is no ground for refusing probate of the will and codicil of the deceased. The District Judge should have refused to entertain this objection. The grant must be confirmed and the Civil Miscellaneous Appeal dismissed with costs.

The question was raised as to the fees allowed to the pleader for plaintiff (appellant) in the lower Court. The amount allowed was Rs. 450 “on Rs, 20, 421” which is something under 2½ per cent. Reference is made to Siddiah Chetty v. Venkataroya Chetty that was a question of fees in a Probate Appeal in the High Court and has no authority with regard to fees in the mofussil which are stated by the learned judges to be there admittedly on the ad valorem scale. I do not understand that it was the intention of the judges in that case to make any alteration in the mofussil practice and I see no reason to do so. The fee awarded will stand. Vakil's fee in this Court Rs. 75.

Ayling, J.—I agree.

K.V.SAppeal dismissed.