Probate and Administration Act, 1881

 

 

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 lord- ships 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. [Para-15]

Jagendra Nath Vs. Amulya Chandra Sarker 1 BLT (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. [Para- 16]

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

Probate And Administration Act, 1881

 

Probate And
Administration Act, 1881

 

Section—12

In
every case where either the Will itself or anything done under it is
challenged, whether proof of execution and capacity on the part of the testator
and of the appointment of the executor, would be required.

In
every case where either the Will itself, or anything done under it by the
executor, is challenged, proof of execution and capacity on the part of the
testator, and of the appointment of the executor, would be required. The object
of the section is only to get rid of this multiplication of proofs. Probate
once granted authenticates the Will against all the world; it affords a ready
means of proof of the contents of the Will and it is a complete answer by the
executor to any challenge of his authority as such.

Sree
Jogendra Nath alias Govinda Sarker Vs Amulya Chandra Sarker and others, 13 BLD (AD)
160.

Ref:
P. Lakshmi Reddy Vs. L. Lakshimi Reddy, AIR 1957(SC)314; Dwijendra Narain Roy
Vs. Jogesh Chandra De, AIR 1924 (Cal) 600(H) at Page 609; Venkata Subamma
Vs.Ramayya, AIR 1932 Privy Council 92; Bali Ram Vs. Bhupendra Nath, AIR 1978
Cal 559 (564); Habibullah Vs. Ananga Mohan, AIR (29)1942 Calcutta 571; 43 l.A.
113; 1894 A.C. 437; 22 C.L.J. 266; 14 C.W.N. 256- Cited.

 

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