Topic
Probate proceedings in India involve the legal validation of a will and the administration of a deceased person's estate under the Indian Succession Act or personal laws like Mohammedan Law.
Bombay High Court invokes Section 247 of the Indian Succession Act to appoint a court receiver, restraining property alienation during a probate dispute. The ruling underscores the court's power to protect estate assets from unauthorized transfers, ensuring fair adjudication for all legal heirs.
The Bombay High Court has ruled that serving citation in probate proceedings requires more than a single newspaper publication and precise addresses for all legal heirs. Incomplete service violates natural justice and renders the probate grant vulnerable to revocation, affecting executors and heirs alike in succession disputes.
Madras High Court rules that an amended preliminary decree in a partition suit, if unchallenged, governs the final decree, reinforcing res judicata. The court also held that dismissal of a probate petition bars re-litigation of a Will, even if new evidence is later admitted under Order XLI Rule 27 CPC, affecting property disputes and probate litigation strategies.
The NCLAT has ruled that a company’s statutory duty to repay matured deposits under Section 74 cannot be suspended due to succession disputes or pending probate proceedings. The obligation to return deposits is absolute and must be honored, with assets held in trust for the estate until legal succession is determined - protecting depositors’ rights regardless of the deceased’s estate complexities.
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 HC rules that under Mohammedan Law, an oral will bequeathing more than one-third of the estate is invalid without the consent of all legal heirs. The court dismissed the caveat, reinforcing the statutory limit on testamentary dispositions to prevent disputes among heirs.
The Karnataka High Court ruled that petitions for letters of administration are governed by Article 137 of the Limitation Act, imposing a strict 3-year limitation period from the testator's death. Unexplained delays without justifiable cause will lead to plaint rejection under Order VII Rule 11 CPC, impacting probate proceedings and estate administration timelines.
Bombay High Court holds that revocation under Section 263 Indian Succession Act requires bonafide discovery of a Will, not strategic concealment or delay. Key precedent on step-son's inheritance rights.
Bombay High Court clarifies that tenant's eviction grievances cannot be adjudicated in testamentary petitions; jurisdictional boundaries between probate and civil courts are reaffirmed.