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Sale of Property During Probate Dispute


31-Aug-2026 (In Property Law)
After Mr. X’s death, one of his three sons claims that a registered Will left all his properties to him and files for probate. The other two sons file caveats and contest the Will. The probate case remains pending, and no probate has been granted. Can either the petitioner or the caveators legally sell or transfer the properties covered by the disputed Will? If yes, what laws and judicial precedents permit such transfers? If no, what legal provisions restrict them?
Answers (1)

Answer #1
565 votes
Neither the petitioner nor the caveators should treat the properties covered by the disputed Will as freely transferable while the probate proceeding is pending. A registered Will by itself does not amount to a conclusive judicial determination of the legatee’s title. Under Sections 213 and 227 of the Indian Succession Act, 1925, the rights claimed under a Will become legally established through probate/appropriate grant where probate is required. Further, Section 295 provides that a contentious probate proceeding is dealt with as a regular suit.
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