Sunil Gupta Versus Kiran Girhotra and ORS-Indian Succession Act, 1925—Sections 263 and 307—Parties to proceedings—A transferee of a property during the pendency of a proceeding is not a necessary party—Purchaser of a property belonging to the deceased testator is not entitled to be impleaded as a party in the probate proceedings.

“Questions of title are not decided in proceedings for the grant of probate or letters of administration. Whatever therefore might have happened in those proceedings would not establish the title…. Now it is not in dispute that the grant of probate or letters of administration does not establish that the person making the Will was the owner of the property […]

Supreme Court  In Anil Behari Ghosh v. Latika Bala Dasi [1955 AIR 566, 1955 SCR (2) 270] a question was raised whether previous judgment of criminal court convicting the son for murder of the testator father would be relevant in the subsequent proceeding for revocation of grant of probate. There also a question that fell for consideration was whether the son […]

Keywords: Caveatable Interest-Revocation of Probate-Mutual will⇒ All persons claiming to have any interest’ are to be understood in slightly liberal sense. In my considered opinion, for issuance of citation, nature of claim or interest of the person concerned is not to be examined, on the anvil of genuineness or legitimacy. Anyone’s mere claim is sufficient to receive citation, for example, […]

Recent Updates