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Showing contexts for: universal legatee in Tynala Musalayya vs J. Mohanraj And Ors. on 9 July, 1982Matching Fragments
7. It is contended by the learned counsel for the respondent that in the respondent that in the petition for bringing on record the legal representatives, it was specifically stated that the proposed legal representative is sole surviving heir to the deceased plaintiff and he should be brought on record as legal representative apart from being universal legatee to the deceased plaintiff. This also can be raised at the stage of the commencement of trial.
8. It must be observed that the Court below is justified is in allowing the petition for bringing on record the legal representatives but erred in concluding that the production of the probate of the Will is not necessary at all. At the stage of trial of the suit when the legal representative seeks to claim right under the Will production of the probate of the Will is essential. In the event of the legal representative choosing to assert its right as the sole surviving heir, the question of production of the probate of the Will does not arise.