Indian Succession Act 1925

Will can be registered Posthumously
Case BriefsHigh Courts

“The combined reading of Sections 23 and 27 of the Registration Act, 1908, clearly do establishes that, Wills are not subject to the four months limitation period applicable to other documents, and may be registered either before or after the death of the testator.”

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court held that naming of an administrator pendente lite would not come up unless and until the Executor was initially removed by the appropriate Court as per Section 301 of Succession Act, 1925. Further, it was held that an executor appointed in probate proceedings would not be readily removed unless gross misconduct, gross mismanagement, abuse, or misuse of probate was demonstrated.