The Patna High Court has said that upon the death of Will's executor, his/her legal heirs cannot be substituted in place of the executor, adding that probate proceedings come to an end upon the death of the Will's executor. Placing reliance on Section 222 of the Indian Succession Act, 1925, Justice Arun Kumar Jha noted that the right to obtain …
The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit. The High Court stated that probate proceedings are not a place …
The Karnataka High Court has ruled that the burden is on the beneficiary of the will to substantiate the contention of no proper service of notice of probate proceedings on the persons who should have been apprised. “The burden is on the respondents to substantiate the contention of proper service, since the person who asserts the same has to be …
