Will -- Probate -- Acknowledgment Of Will Bars Petition For Letters Of Administration On Ground Of Intestacy
Under the Indian Succession Act, 1925, a petition for Letters of Administration on the ground of intestacy under Section 278 is not maintainable when the petitioner acknowledges the existence of a Will. Intestacy arises only upon failure to establish a valid testamentary disposition. Validity and genuineness of a Will must be adjudicated exclusively in testamentary proceedings under Section 276, where the Will is propounded. A civil court of competent jurisdiction alone can declare a Will void or vitiated by suspicious circumstances.
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