AI Overview...
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Probate Refusal Due to Renunciation and Other Grounds - The District Judge refused probate to the appellant on the grounds that he had renounced his executorship. However, the refusal was contested, with arguments that if the Will was genuine and properly executed, probate should be granted, and the appellant was willing to act as executor if so deemed Thoppai Venkataramier VS Govindarayalier - Madras.
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Conditions for Granting Probate - Proper adherence to legal provisions (e.g., Sections 210-213 of the Succession Act) is essential before refusing probate. If the Will is proven genuine and properly executed, courts are inclined to grant probate even if the executor initially renounced or was unwilling, provided they are willing to act Samir Chandra Das VS Bibhas Chandra Das - Supreme Court.
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Probate and Sale Deeds - The execution of sale deeds by legal heirs can proceed despite pending probate, especially when the sale is in the interest of the estate, and the right to enforce sale agreements does not solely depend on probate. Courts may uphold sale transactions even before probate is granted if legal and procedural requirements are met DEBA PRASAD ROY vs GOPA CHOWDHURY & 5 ORS. - Consumer National.
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No Right Without Probate - An individual cannot claim rights or enforce agreements based solely on possession or informal arrangements without probate. For example, borrowing money or asserting rights based on an unprobated will or agreement is invalid; probate is a necessary legal step for establishing estate rights A. Jayaveerapandian VS R. Rengarajan and others - Madras.
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Failure to Apply for Probate - If an executor or interested party fails to apply for probate, or if probate has been fraudulently obtained, the court may refuse or revoke probate. Lack of application, improper service of citations, or fraudulent procedures can be grounds for rejection or revocation of probate Bomi Pirojshaw Sachinwala VS Cyrus S. Badshah - Bombay.
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Appeal and Reapplication for Probate - Courts may remand cases back to lower courts to allow executors a chance to apply for probate, emphasizing that probate primarily concerns the validity of the Will, not the executor's intentions. Executors willing to act if the Will is genuine can be given opportunities to reapply Nigendra Chandra Sen VS Mohendra Hari Nag - Calcutta.
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Renunciation and Subsequent Application - Executors who renounce their position can later apply for probate under Section 17 of the Probate and Administration Act. Courts have rejected applications where executors had previously renounced, but if they later demonstrate willingness and the Will's validity, probate may be granted Brojo Lal Banerjee VS Sharajubala debi - Calcutta, Brojo Lal Banerjee VS Sharajubala Debi - Calcutta, Brojalal Banerjee VS Sreejukta Sharajubala Debi - Calcutta.
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Court Fees and Probate - Court fees are payable only if probate is ultimately granted. During the hearing, courts cannot demand ad valorem fees unless they decide to grant probate. If probate is denied, fees are not imposed, but if granted, additional fees at prescribed rates are payable NOOR MOHAMMAD VS SAMERUNNISA BIBI - Calcutta.
Analysis and Conclusion:
The overarching principle is that probate should be granted if the Will is genuine, properly executed, and no legal impediments exist. Renunciation by an executor does not preclude subsequent applications for probate if they demonstrate willingness to act and the Will's validity. Courts emphasize adherence to procedural requirements and may allow reapplications or remand cases to ensure the estate's proper administration. Fraudulent or incomplete applications can lead to rejection or revocation, and probate rights are contingent upon judicial approval, not informal arrangements or possession.
Search Results for "Probate against Willing"
1925 0 Supreme(Mad) 690 • India - Madras
WALLACE
The District Judge refused probate to the appellant, stating that he had renounced his position as executor. ... Probate - Will - Renunciation of executorship - Genuineness of Will - Legal capacity of executor Fact of the Case: ... The District Judge's refusal of probate to the appellant was deemed wrong as the testator's wishes must be carried out. ... And he ended up by saying that if the Court considers the Will genuine, and is prepared to grant probate, he is willing to act as executor. We do not ....
2010 4 Supreme 699 • India - Supreme Court
V.S.SIRPURKAR, MUKUNDAKAM SHARMA
of the case: ... This case relates to proving of Will and grant of probate ... there cannot be any other interpretation – There has to be a scrupulous adherence to the Section before an executor is refused the probate ... , he was willing to act as the executor. ... However, she had stated that if the Will was proved to have been properly executed and attested, she was willing and claimed to get the probate as executrix. The question regarding due execution of the Will was fought out. ... Since the #HL....
2021 Supreme(Online)(NCDRC) 759 • India - National Consumer Disputes Redressal Commission
MR. JUSTICE RAM SURAT RAM MAURYA, PRESIDING MEMBER
Sections 211, 212, 213, and 227 - Execution of sale deeds by legal heirs - The appellant contested the execution due to pending probate ... obstruction under Section 213 - State Commission ordered the sale deed execution, emphasizing that right does not depend solely on probate ... enforce sale agreements - The Court upheld complaints demanding compliance with payment and sale deed execution regardless of any probate ... before grant of the probate. ... Section 227 .- Effect of probate.- Prob....
2003 0 Supreme(Mad) 2118 • India - Madras
V.KANAGARAJ
Succession Act (XXXIX of 1925), Secs.270-D and 273 - Civil Procedure Code (V of 1908), O.1, Rule 10(2) -Probate proceedings-No right ... can be claimed on the basis of holding an agreement-Held, appellant cannot be impleaded as a party to the probate proceedings. ... At the last phase of his arguments, the learned counsel would point out that the testator borrowed money from the Indian Overseas Bank, which has to be repaid by the legatee only after probate is completed and the bank is willing to accept the lesser amount ....
2008 0 Supreme(Bom) 1469 • India - Bombay
ROSHAN DALVI
He has not even applied to obtain probate of the Will. He has not served citation upon the respondents. ... He has not shown how it is a fit case for the benefit of the estate or those interested under the Will to grant probate to him as ... and the Letters of Administration have been fraudulently obtained - Prayer for revocation - Held - Petitioner never applied for probate ... But if the Court considered the Will genuinely and was prepared to grant the probate, he was willing to act as an executor. It....
1930 0 Supreme(Cal) 329 • India - Calcutta
allowed the appeal, sending the case back to the lower court to give the executors a short opportunity to come in and apply for probate ... It emphasized that the Court of probate primarily deals with the factum of the Will and is not concerned with the intention of the ... allowed the appeal, sending the case back to the lower court to give the executors a short opportunity to come in and apply for probate ... refused * * * * I was willing to take probate if the other two executors were agreeable. ... ....
1924 0 Supreme(Cal) 551 • India - Calcutta
NEWBOULD, B. B. GHOSE
Probate - Renunciation of Executorship - Probate and Administration Act - Section 17 Fact of the Case: The appeal ... thereafter applying for probate of the will after renouncing executorship. ... is against the rejection of an application for probate by the District Judge of Dacca. ... There the executor had been dealing with the estate of the deceased, and when called upon to take out probate his plea was that probate was not necessary; he was willing to take out #....
1924 0 Supreme(Cal) 150 • India - Calcutta
NEWBOULD, B. B. GHOSE
Probate - Renunciation of Executorship - Probate and Administration Act - Section 17 Fact of the Case: The appellant ... for probate of a will after renouncing executorship. ... made an application for probate of a will, which was rejected by the District Judge. ... There the executor had been dealing with the estate of the deceased, and when called upon to take out probate his plea was that probate was not necessary; he was willing to take out probate#HL_E....
1924 0 Supreme(Cal) 438 • India - Calcutta
NEWBOULD, B. B. GHOSE
Probate - Renunciation of Executorship - Probate and Administration Act - Section 17 Fact of the Case: The appellant ... under Section 17 of the Probate and Administration Act. ... made an application for Probate of a Will, which was rejected by the District Judge. ... There the executor had been dealing with the estate of the deceased and when called upon to take out Probate his plea was that Probate was not necessary, he was willing to take out Probate#HL....
2005 0 Supreme(Cal) 76 • India - Calcutta
BHASKAR BHATTACHARYA
decides to grant probate? ... COURT CANNOT DEMAND PAYMENT OF AD VALOREM COURT FEES DURING HEARING OF PROBATE APPLICATION UNLESS IT DECIDES TO GRANT PROBATE. ... However, if the court ultimately grants probate, the applicant for grant of probate should pay further court fees at the rate prescribed ... In view of such order, the petitioner filed an application praying for dismissal of the suit stating that as he had no capacity to pay that amount of Court Fees he was not willing to proce....
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