#Probate Law

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.

The Madhya Pradesh High Court held that when a testator certifies corrections to a will and a Sub-Registrar attests to the execution, such formal validation negates suspicion under Section 63, upholding the will’s validity even with handwritten amendments. This clarifies that minor alterations, if properly authenticated, do not invalidate testamentary intent - a critical precedent for probate practitioners handling contested wills with marginal changes.

The Punjab & Haryana High Court has ruled that a will cannot automatically extend to property acquired or reverted after its execution unless the testator’s intent to include such property is expressly stated. This reinforces the strict constructionist approach to testamentary documents, impacting heirs and executors who assume post-execution assets fall under existing wills without explicit language.

Madhya Pradesh High Court rules that a registered will cannot be proved without the original document, and secondary evidence is admissible only with court permission. The ruling remands the case for fresh evidence, reinforcing strict compliance with the Evidence Act in succession disputes.

The Himachal Pradesh High Court holds that the mere presence of a beneficiary at the time of a will's execution does not, by itself, create a suspicious circumstance under Section 63 of the Indian Succession Act. Registration of the will and the totality of surrounding evidence remain the decisive factors for proving due execution, offering clarity to executors, beneficiaries, and contesting heirs alike.

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.

Bombay High Court sets aside Letters of Administration after finding deliberate suppression of the deceased's daughter, a Class-I heir, in affidavits. The ruling reinforces that fraud in testamentary proceedings nullifies the grant, protecting rightful heirs from disinheritance.

Bombay High Court holds that failure to cite legal heirs under Section 263 of the Indian Succession Act constitutes just cause for revocation of Letters of Administration.