When a probate proceeding is contested, it stands converted into a suit under Section 295 of the Indian Succession Act, 1925, Kerala High Court observed in P. Lakshmikutty Amma & Ors. v. V.K. Indira & Anr.
However, the scope of enquiry in such a suit continues to remain confined to that of a probate court — it does not assume the character of a regular civil suit under the Code of Civil Procedure, 1908.
Accordingly, such proceedings are limited to examining whether the Will is genuine, duly executed, and attested, and whether any alterations therein are valid in terms of Section 71 of the Act.
