Case Law Analysis
|Gauhati High Court
Natural Justice in Probate Proceedings | Mandatory Notice to All Interested Parties, Even Remote Heirs: Gauhati HC Sets Aside Probate Granted Without Due Process
Gauhati HC ruled that probate courts cannot adjudicate title disputes and must issue mandatory notice to all interested parties, including remote heirs, before granting probate. The court set aside a probate granted without notice to appellants, remanding the matter for fresh hearing under principles of natural justice. This ruling reinforces procedural safeguards in succession disputes under the Indian Succession Act.