https://www.taxtmi.com/caselaws?id=304221 Probate can be granted only to an executor appointed by the will, expressly or by necessary implication; where the beneficiaries are only legatees, the proper remedy is letters of administration with the will annexed. On the will read in this matter, no executor had been appointed, so the probate grant to the petitioners was unsustainable. The proceedings were also defective because the statutory requirements for probate were not met: the petition lacked proper disclosure of the deceased's family and relatives, necessary citation was not issued, and the dispute became contentious when execution of the will and the testator's capacity were challenged, requiring conversion into a regular suit. The grant was liable to be set aside and the matter remitted for fresh consideration. en-us Wed, 24 Jan 2018 00:00:00 +0530 Tue, 13 Sep 2022 20:21:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304221 Probate can be granted only to an executor appointed by the will, expressly or by necessary implication; where the beneficiaries are only legatees, the proper remedy is letters of administration with the will annexed. On the will read in this matter, no executor had been appointed, so the probate grant to the petitioners was unsustainable. The proceedings were also defective because the statutory requirements for probate were not met: the petition lacked proper disclosure of the deceased's family and relatives, necessary citation was not issued, and the dispute became contentious when execution of the will and the testator's capacity were challenged, requiring conversion into a regular suit. The grant was liable to be set aside and the matter remitted for fresh consideration. Case-Laws Indian Laws Wed, 24 Jan 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304221