https://www.taxtmi.com/caselaws?id=276924 A defendant resisting a plaintiff's prima facie title as heir-at-law cannot rely on an unprobated will to establish a right under it, because probate is required before a legatee's title can be set up in court. The will may have limited collateral relevance, but it cannot be used to displace title by proving rights in the person claimed under the will without probate. The plea of jus tertii also fails unless the defendant traces title to a specific third person whose right can lawfully be established. An unprobated will therefore cannot defeat the plaintiff's claim in this manner. en-us Mon, 12 Sep 1927 00:00:00 +0530 Tue, 20 Nov 2018 14:46:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276924 A defendant resisting a plaintiff's prima facie title as heir-at-law cannot rely on an unprobated will to establish a right under it, because probate is required before a legatee's title can be set up in court. The will may have limited collateral relevance, but it cannot be used to displace title by proving rights in the person claimed under the will without probate. The plea of jus tertii also fails unless the defendant traces title to a specific third person whose right can lawfully be established. An unprobated will therefore cannot defeat the plaintiff's claim in this manner. Case-Laws Indian Laws Mon, 12 Sep 1927 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276924