Probate Shall Be Granted Only To an Executor Appointed By the Will

Case: Mahendra Harilal Parekh vs Meenaben Hirenbhai Parekh

Coram: Justice Ashokkumar Joshi

Case No.: C/SCA/16538/2017

Court Observation: “where an executor applies for the issue of probate and also where a legatee or other person applies to the Court for the grant of letters of administration with the will annexed, the question to be decided will be the same, namely, whether the will is true, whether it was executed in accordance with law, there being the capacity in the testator to make the Will and no fraud or other infirmity attending the execution of the document.”

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Keywords

Executor, Appointed By Will