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ARUN KUMAR JHA
Anil Kumar Pandey – Appellant
Versus
Dhananjay Pandey – Respondent
Arun Kumar Jha, J. – The instant petition has been filed by the petitioners for quashing the order dated 18.07.2022 passed by the learned Additional District Judge-IV, Rohtas at Sasaram in Probate Case No. 88 of 1999 (Title Suit No. 02 of 2002), whereby and whereunder the learned Additional District Judge allowed the substitution petition filed on behalf of the respondents.
2. The brief facts of the case are that one Vishwanath Pandey filed a probate case on the basis of unregistered will vide Case No. 88 of 1999 for grant of probate/letters of administration of the estate of late Deorati Devi. The petitioners appeared and filed their objections and the learned trial court converted the probate case into Title Suit No. 02 of 2002. It appears that during pendency of the probate case the original probate petitioner died issue-less on 12.09.2020 and thereafter, respondents filed a substitution petition dated 03.11.2020 for substituting their names in place of original probate petitioner- Vishwanath Pandey. The petitioners filed their rejoinder and opposed the substitution of respondents. The learned trial court, vide order dated 18.07.2022, directed the respondents to seek relief for i
An executor derives legal authority from a Will upon the testator's death, allowing a substituted plaintiff with vested interests under the Will to pursue litigation, regardless of the pending probat....
In cases involving letters of administration, substitution of parties is permissible to avoid unnecessary delays and multiplicity of litigation, particularly when the original petitioner has passed a....
Legal heirs can be substituted in place of the deceased applicant in probate proceedings, and they have an independent right to apply for Letters of Administration in their own capacity.
The executor of a will assumes rights immediately upon the testator's death, regardless of probate status, and substitution claims in court require clear acceptance of that executor role.
The executor holds immediate legal rights over property upon the testator's death, allowing for substitution in court without requiring probate to be granted first.
The executor of a will becomes the legal representative and can represent the estate without needing probate, affirming the distinction between rights conferred and probate necessity.
Substitution – If any legal heirs of a party in suit comes to be substituted on the basis of Will as plaintiff/appellant in a suit, for the same, there is no requirement of Probate.
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