The Succession Act, 1925


Succession Act, 1925


Section -283 Clause-(c)

for adding as a party in the probate case — Admittedly petitioner is not an
heir of the testator and he may be a co-sharer in the property under the Will,
but for this he cannot claim to have any interest in the estate of the deceased
and so to come and see the proceedings before granting of probate as prescribed
in the aforesaid clause (c). Decision of the Appellate Division is to the
effected that the word “interest” in section 283 of the Succession Act means
interest from the testator and that if a person claims independently of the
Will cannot be said to have interest in the probate case relied on 35 DLR (AD)
254. [Para-5]

Chandi Dhar
Vs. Bitha Rani Dhar & Ors. 5 BLT (HCD)-116.



Suit on the
basis of will but not on the basis of heirship or inheritance under the
provisions of sec. 211(1) of the Act the executor or the Administrator for
probate of a deceased person is his legal representative for all purposes—the
principle of specific plea of ouster. [Para-9]

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