AIR 2018 KARNATAKA 100

Karnataka High Court

Hon'ble Judge(s): John Michael Cunha , J

(A) Succession Act (39 of 1925) , S.222, S.232— Probate - Grant of - Probate can be granted only to executor appointed under Will and not to universal legatee or residuary legatee. Probate could be granted only to executor appointed under Will either expressly or by implication. All other persons who claim under Will as legatees or beneficiaries including universal legatee or residuary legatee are entitled only for grant of Letters of Administration with Will annexed. Universal legatee is one to whom whole of estate of testator is disposed under Will; whereas residuary legatee is person to whom surplus or residuary of property is bequeathed under Will. But in absence of any express or implied appointment of person as executor, merely on basis of bequests made in their favour as legatees or beneficiaries, they do not derive right to grant of probate. In order to entitle for grant of probate, Will must contain expressly or by implication name of executor, otherwise no probate can be granted to any person. Petitioners are mere legatees or beneficiaries under Will. There is no pleading or evidence whatsoever to show that petitioners are appointed as executors by implication. In absence of any such material, order passed by Court below granting probate to petitioners, is opposed to specific provisions of Act and therefore, cannot be sustained.(Para....