https://www.taxtmi.com/caselaws?id=198128 An executor derives title and representative capacity from the will on the testator's death; probate is only authenticated proof of that authority and does not create the executor's title. Sections 211 and 227 of the Indian Succession Act, 1925 treat the executor as the legal representative and vest the deceased's property in that character, while section 213 restricts proof in court without probate. Probate therefore validates the will and intermediate acts but does not postpone accrual of the right to sue. On that reasoning, limitation runs from the date of death, not from the later grant of probate, and the suit for possession and management was treated as time-barred. en-us Wed, 22 Oct 1952 00:00:00 +0530 Tue, 23 Jan 2018 17:55:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198128 An executor derives title and representative capacity from the will on the testator's death; probate is only authenticated proof of that authority and does not create the executor's title. Sections 211 and 227 of the Indian Succession Act, 1925 treat the executor as the legal representative and vest the deceased's property in that character, while section 213 restricts proof in court without probate. Probate therefore validates the will and intermediate acts but does not postpone accrual of the right to sue. On that reasoning, limitation runs from the date of death, not from the later grant of probate, and the suit for possession and management was treated as time-barred. Case-Laws Indian Laws Wed, 22 Oct 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198128