Search Results for Tag : Probate
Judgments
'Will' is required to be proved by at least one of the two attesting witnesses(04.08.2023)
The present petition under Section 276 of the Indian Succession Act, 1925 seeks a grant of probate of 'will' dated 09.05.2017 of late Sh. Hans Raj Pat.....
Tags : Will, Probate, Grant
News
Gau. HC Declares Levy of Court Fee at the rate of 7% for Grant of Probate as Unconstitutional(17.05.2024)
Gau. HC has declared Article 11 of Schedule I of Court Fee (Amendment) Act, 1950 as unconstitutional in respect of levy of court fee for grant of prob.....
Tags : Gauhati High Court, Grant of Probate, Letter of Administration, 7% Ad Valorem
Ker HC: Not Necessary to Obtain Probate for Wills by Christians & Muhammadans after Amendment to ISA(08.01.2025)
Kerala High Court has restated that considering the amendment made to Section 213(2) of the Indian Succession Act, 1925, it is not necessary to obtain.....
Tags : Kerala High Court, Probate, Christians, Muhammadans
SC Mandates Probate or Letters of Administrations for Hindus, Buddhists, Sikhs, Jains(17.02.2021)
Supreme Court has observed that the mandatory requirement to seek probate or letters of administration for establishing a right as executor or legatee.....
Tags : Supreme Court, Probate or Letters of Administrations
Delhi HC: Pending Probate Proceedings Do Not Prevent Filing FIR For Alleged Will Forgery(19.01.2026)
Delhi High Court refused to quash an FIR alleging forgery of a registered Will, holding that pending probate proceedings on the Will’s validity do not.....
Tags : Forgery, Will, Probate Proceedings
Supreme Court: Probate Can be Revoked For Non-Impleadment of Parties and Suppression of Facts(23.04.2026)
Supreme Court held that probate obtained without impleading necessary parties or disclosing material facts is liable to be revoked, as in a case where.....
Tags : Probate; Suppression of Facts; Revoked
Delhi High Court: After Probate is Granted, A Will Does Not Require Fresh Proof under Section 68(25.05.2026)
Delhi High Court held that once probate of a will is granted, it need not be re-proved in subsequent civil proceedings under Section 68 of the Indian .....
Tags : Probate; Will; Proof
SC: High Courts Exercising Probate Jurisdiction Can Order Probes Into Estate Irregularities(27.05.2026)
Supreme Court held that High Courts exercising probate jurisdiction under the Indian Succession Act can order police investigations into irregularitie.....
Tags : Indian Succession Act; Jurisdiction; Probate
SC: High Courts Exercising Probate Jurisdiction Can Order Probes Into Estate Irregularities(27.05.2026)
Supreme Court held that High Courts exercising probate jurisdiction under the Indian Succession Act can order police investigations into irregularitie.....
Tags : Indian Succession Act; Jurisdiction; Probate
SC Clarifies When a Probate Application Filed After a Testator's Death is Time-Barred(17.07.2026)
Supreme Court has held that a probate application need not be filed within three years of the testator's death. It clarified that the right to seek pr.....
Tags : Testator; Probate Application; Will
International Cases
A party to the dispute ought not be appointed as the administrator(10.11.2017)
By chamber summons filed 24 August 2017, the first and second Defendants sought an order appointing an administrator to the estate of the late Maria S.....
Tags : Probate, Appointment, Administrator
Grant of probate in solemn form cannot be made simply by consent of the parties(23.07.2021)
The Plaintiff commenced present action by writ for proof of a will in solemn form. The Plaintiff seeks an order that, the last will and testament exec.....
Tags : Probate, solemn form, Grant
Parties to a probate action cannot simply consent to a solemn form grant in respect of a will without offering of sufficient evidence for Court’s satisfaction(15.10.2019)
In the present probate action, the last will and testament of the late Anka Cvitan (the deceased), who died on 1 September 2013 is sought to be proved.....
Tags : Will, Probate, Grant