Probate Archives

Propounder must dispel suspicious circumstances to sustain will’s validity; Bombay HC upholds Rejection of Mother’s Will

“When there were allegations of the existence of suspicious or unusual circumstances, peculiar and unique to the factual complexion, the same ought to be examined and taken to its logical conclusion.”

Case Briefs Supreme Court

Supreme Court dismisses Rajasthan’s claim over Khetri Estate; Affirms validity of Raja Sardar Singh Will and Probate in favour of Khetri Trust

Supreme Court held that a State has no locus standi to challenge a Will of a private citizen by claiming to be a person interested in the estate of the deceased due to the action taken under Escheats Act.

Case Briefs High Courts

Gauhati High Court declares Article 11, Schedule I of Court Fees Act, 1870 (Assam Amendment) ultra vires to Article 14 of Constitution

“The fees levied by courts should not exceed the cost of administration of justice. The levy of fee by courts for grant of probate without an upper limit is a discriminatory class legislation without any rational nexus or reasonable differentia.”

Case Briefs High Courts

‘Substratum of refusing probate cannot be the testimony of an unreliable witness’; Delhi High Court grants probate in favour of Khetri Trust

The Will was executed by the testator, Late Raja Bahadur Sardar Singh of Khetri in the presence of two attesting witnesses, thus, complying with Section 63 of the Succession Act, 1925.

Case Briefs High Courts

Del HC | Under S. 263 of Succession Act, can a person approach High Court for grant of probate or letter of administration or revocation or annulment? HC addresses the issue

Delhi High Court: Mukta Gupta, J., decides a matter revolving around the Will of a deceased person. Factual Background Instant suit was