Even when a probate petition is converted into a civil suit under Section 295 of the Indian Succession Act, 1925, the scope of enquiry continues to remain confined to that of a probate court and does not assume the character of a regular civil suit, under the Code of Civil Procedure, observed Kerala High Court in P. Lakshmikutty Amma & Ors. v. V.K. Indira & Anr.
The conversion of a probate proceeding into a suit does not enlarge the jurisdiction of the court beyond its probate functions. The Court added that the purpose of such proceedings is limited to examining whether the Will is genuine, duly executed and attested. The probate court has to find out as to whether the Will is the last testament of the testator and it was properly executed and attested.
The objective of such conversion is to facilitate a comprehensive adjudicatory process where parties are enabled to present their respective cases through pleadings and evidence.
Once such materials are placed on record, the probate court is required to adjudicate upon the issues necessary to determine whether probate can be granted, including examining the genuineness of the Will and compliance with statutory requirements.
In short, a probate court will not delve into complex property ownership disputes, title defects, or whether the deceased actually owned the land—it only rules on whether the document itself is a valid last testament.
