PROBATE AND ADMINISTRATION ACT, 1881

Section 12

Until probate is granted the will is not “established and it validates intermediate Acts of the executor. The object of the section in their lordships opinion (Air 1932 P.C. 92) is only to get rid of the multiplication of proofs probate once granted authenticates the will against all the world. It affords a ready means of proof of content of will (see S.41 and 91 of Evidence Act) and it is a
complete answer by the executor to any challenge of his authority as such.

Jagendra Nath Vs. Amulya Chandra Sarker 1BLT (AD)-38.

An executor By virtue of his office, takes an estate in the property of the deceased and a legal character is vested in him.

Jagendra Nath. Vs. Amulya Chandra Sarker 1BLT (AD)-38.