AI Overview...
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Property Description in Will - A will must accurately describe the property it disposes of; if the description is incorrect or not mentioned, the court cannot grant probate based on that will. For example, in Aminuddin Gulab Shaikh VS Minaxiben Mahendrakumar Shah - Bombay, an incorrect description in the probate petition cannot be corrected by the executor, and a lack of proper property description can prevent the issuance of probate.
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Relevance of Property Description - Courts emphasize that the description of property in the will or probate documents must be precise. When the property is not properly described, the court may refuse probate, especially if the property is joint family or leasehold property not specifically mentioned. For instance, Smt. Radhika Devi VS Ajay Kumar Sharma - Patna highlights that a will cannot dispose of joint family property unless explicitly stated, and lack of description prevents granting letters of administration.
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Legal Proceedings and Pending Suits - Pending litigation regarding properties does not necessarily bar probate of the will, but the property description must be clear. As noted in Pelinda Swett VS Dwin Lyngshiang - Meghalaya, pending suits do not prevent probate, but the property must be sufficiently described to identify it.
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Restrictions on Disposing of Certain Property - Wills cannot dispose of property that the testator does not own or cannot legally transfer, such as joint family property or leasehold interests without proper provisions. Smt. Radhika Devi VS Ajay Kumar Sharma - Patna and PAWAN KUMAR AGARWAL VS STATE OF WEST BENGAL - Calcutta illustrate that properties like joint family assets or leasehold interests require specific mention and legal capacity to be disposed of via will.
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Executor’s Role and Corrections - Executors cannot rectify errors in property description in probate petitions; such errors may invalidate the probate process. Aminuddin Gulab Shaikh VS Minaxiben Mahendrakumar Shah - Bombay emphasizes that correction of property description is not permissible during probate proceedings.
Analysis and Conclusion:
A will must explicitly and accurately describe the property it intends to transfer. If the property is not mentioned or is described incorrectly, the court generally cannot grant probate. This is reinforced across multiple sources, which stress the importance of precise property descriptions and highlight that probate cannot be granted solely based on a will with vague or missing property details (Aminuddin Gulab Shaikh VS Minaxiben Mahendrakumar Shah - Bombay, Smt. Radhika Devi VS Ajay Kumar Sharma - Patna, Pelinda Swett VS Dwin Lyngshiang - Meghalaya). Additionally, the nature of the property (joint family, leasehold) and legal capacity to transfer also influence probate validity. Therefore, proper description is essential for the probate process to proceed.
Search Results for "Probate Cannot be Given if Description of Property Not Mentioned in will"
2013 0 Supreme(Bom) 1677 • India - Bombay
R.D.DHANUKA
, in probate petition, such wrong description cannot be corrected by executor. - Even if there was wrong description of the property ... given by the deceased testatrix, in the probate petition, such wrong description could not have been corrected by the executor. ... ... Even if there was wrong description of property given by testatrix ... Learned counsel submits that even if ....
1991 0 Supreme(Ori) 424 • India - Orissa
K.C.JAGADEB ROY
(b) Bhartruhari Mahatab, the petitioner in the probate case, did not possess the documents in his individual capacity. ... PROBATE - DISCOVERY AND PRODUCTION OF DOCUMENTS - RELEVANCE - INDIAN SUCCESSION ACT, 1925 - SECTIONS 235, 276, 283(1)(C) - ORDER ... and production of documents, and another application under Order 16, Rule 5 read with Section 151, CPC calling for documents in a probate ... The documents appear to belong to Prajatantra Prachar Samiti from its description and concern. ... The trial C....
2018 0 Supreme(Megh) 13 • India - Meghalaya
MOHAMMAD YAQOOB MIR
that the pending suits regarding the deceased's properties did not bar the probate of the Will. ... The court also held that the pending suits regarding the deceased's properties did not bar the probate of the Will. ... The court also clarified that the pending suits regarding the deceased's properties did not affect the probate of the Will. ... Words describing subject refer to property answering description at testator’s death. – The desc....
2010 0 Supreme(Pat) 2554 • India - Patna
MUNGESHWAR SAHOO
However, it held that no letters of administration could be granted for the joint family property mentioned in the probate application ... Ratio Decidendi: The court emphasized that a Will can only dispose of the testator's own property and cannot be executed with ... The defendants objected, claiming the Will was forged and that the property was joint family property. ... When there is no description of property in the Will, there....
2013 0 Supreme(Cal) 651 • India - Calcutta
JYOTIRMAY BHATTACHARYA
LEASEHOLD PROPERTY - TRANSFER - WILL - RESTRICTION - MUTATION - PROBATE - STAMP DUTY - REGISTRATION FEES - GOVERNMENT PERMISSION ... The lease deed does not provide that in case the lessee intends to bequeath his leasehold interest in the demised property in favour ... However, bequest of the leasehold property and building thereon by the lessee by way of will in favour of a stranger is not prohibited ... He further submitted that the judgment passed in the probate pr....
2016 0 Supreme(Bom) 145 • India - Bombay
G.S.PATEL
– Court cannot go into issue of title of deceased in respect of any property which is stated to be forming part of estate of deceased ... ... (B) Indian Succession Act, 1925 – Section 276 – Probate of Will ... has obstructed administration of estate; has made claims adverse to that estate; is shown to guilty of gross mismanagement and not ... Between the time of the probate application and today, there are or have been as many as twelve or thirteen legal proceedings of various description#HL_....
2019 0 Supreme(SC) 1117 • India - Supreme Court
ARUN MISHRA, VINEET SARAN, S.RAVINDRA BHAT
of probate, or for moving an application for cancellation of probate or letters of administration - Does not mean that there is ... The Executor had filed a petition for probate of Antoinette’s will. It was probated on 26.2.1981. ... The will stipulated that in the event of Balaji predeceasing her, the property was to vest in an inter vivos trust. ... Narendra Lal Gupta, (1985) 1 SCC 144, to say that if a party does not contest proceedings for grant of pro....
2025 Supreme(Online)(Kar) 31232 • India - Karnataka High Court
M.G.S. KAMAL, J
10, 32) ... ... (B) Interpretation of Statutes - The court emphasized that statutory provisions should not ... of Court: ... The execution of the said bond is necessary but can be facilitated based on the debt and securities of the estate, not ... (deceased) and of P.Q. of (residence and description) and R.S. of (residence and description) as sureties for him. ... If an Executor cannot or will not act then I appoint my daughter Supriya Thimmiah and my daughter Sonia Thimmiah to act....
1998 0 Supreme(AP) 592 • India - Andhra Pradesh
S.R.NAYAK
of premises, name of parties - A quit notice cannot be held invalid only on basis of obvious clerical or typographical error. ... Act, 1882 - Section 106 - quit Notice - Construing of - Notice to quit to be construed liberally to defeat inaccuracies in the description ... be defeated by inaccuracies either in the description of the premises or name of the tenant or the date of the expiry of the notice ... Chitnis is not entitled to act as executor and obtain probate. ... (V) Whether the plaintiff is ent....
• India - Calcutta
TAPAN KUMAR DUTT, SOUMEN SEN
There cannot be a partition with a stranger having no interest in the joint property. 3. ... The plaintiff is further entitled to the declaration that the description of the properties mentioned in the impugned Sale Deed being ... A partition deed is not actually a transfer of property, but to analogous to an exchange. 2. ... The plaintiff is further entitled to the declaration that the description of the properties mentioned in the impugned Sale Dee....
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