Court order on the title of testator property
The probate court cannot determine the title of the testator’s property. It needs to be more competent to decide on title to property.
Patna High Court has decided on the title of the testator’s property after his death. According to the Indian Succession Act of 1925, the Probate Court can only determine whether the last will made by the testator is legal, properly and duly executed, and registered as per the law. They also have to see that the testator was mentally healthy when he made the will.
Justice Arun Kumar Jha observed that the petitioner had challenged the order of the District Court, impleading Jammun Singh (the late father of the respondents) to be a party to the probate proceedings. The petitioner, claiming to be the executor of the will of Ramrati Devi, said that Ramrati Devi had got the right to take ownership of the property from late Firangi Bhagat.
Although the opposite party argued that Ramrati Devi had no right of ownership in the property, however, the High Court of Patna has said that the opposite party is claiming to be a blood relative of Firangi Bhagat, but she is still the heir of the testator. Ownership cannot be questioned. But if Ramrati Devi’s will is not proven to be fake, then Firangi Bhagat’s relatives may get the right to get possession of her property.
Laws related to will
In India’s reference, there are three types of succession acts. Each law applies to a different category of citizens.
1- Hindu Succession Act 1956.
2- Indian Succession Act 1925,
3- The Muslim Personal Law Application Act 1937
1- Hindu Succession Act 1956. An important piece of Indian law is the Hindu Succession Act, 1956, which specifies what happens to a person’s property when they pass away without leaving a will. This law, which largely affects Hindus and also applies to Buddhists, Jains and Sikhs, is important for the division of property among relatives.
2- Indian Succession Act 1925, applicable to Christians, Parsi, and Jews. Most people in India do not consider it necessary to make a will, whereas a will is a document through which you can divide your property according to your wish. Indian people do not consider it necessary to make it. According to the Indian Succession Act, if the property owner dies without dividing the property, then the help of Indian Succession Act 1925 is considering to decide how the property should be divided. In that situation, it is decided how the property will be divided. If the owner of the property has not divided the property, then it is almost certain that there will be a fight in the family over the property. If the property owner has made a will, the possibility of dispute is reduced.
3- The Muslim Personal Law Application Act, 1937, is a significant piece of legislation in India that applies specifically to Muslims. This law governs various aspects of personal life, including inheritance, marriage, and donations, ensuring that these matters are conducted according to Islamic principles.