Case Law Analysis
|Calcutta High Court
Executor's rights vest at death; Will registration not required for interim injunction | Probate & Injunction under Sec 213 ISA 1925 : Calcutta HC
The Calcutta High Court ruled that an executor’s rights to the deceased’s property vest immediately on death, even before probate. It also held that a will’s registration is irrelevant for granting an ad-interim injunction to preserve the property. Executors can therefore enforce claims and restrain third parties prior to probate.