State of Rajasthan v. Ajit Singh and Others
- Vaishnavi Majji
- Oct 6
- 2 min read
The Hon’ble Supreme Court of India, in State of Rajasthan v. Ajit Singh and Others (SLP (C) Nos. 14721–14723/2024), dismissed the State of Rajasthan’s challenge to the grant of Probate of a Will executed in 1985 by Raja Bahadur Sardar Singh.
The litigation arose after the Hon’ble Delhi High Court upheld the validity of the Will and granted Probate. The State sought to contest the order, contending that the testator had died heirless and, consequently, his estate vested in the State by virtue of the doctrine of escheat under Section 29 of the Hindu Succession Act, 1956.
The Hon’ble Supreme Court, however, noted that the Will had been duly proved in accordance with Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. Once Probate is granted, the Court observed, the validity of the Will attains judicial recognition. Accordingly, the doctrine of escheat cannot be applied, as it operates solely in cases of intestacy, where a person dies without leaving either a valid Will or legal heirs.
Further, the Court clarified that under Section 263 of the Indian Succession Act, 1925, the right to seek revocation of Probate is limited to individuals who would have inherited the estate in the absence of the Will. Since the State is not a legal heir, it has no locus standi to contest Probate proceedings.
In its ruling, the Hon’ble Supreme Court reaffirmed the principle that a lawfully executed and proved Will takes precedence over State claims. The doctrine of escheat, being a remedy of last resort, can only be invoked when succession fails altogether. The dismissal of the State’s petition reinforces the sanctity of testamentary freedom and underscores that lawful testamentary disposition prevails over claims based on escheat.
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