State of Rajasthan v. Ajit Singh - Ss. 29,263 Indian Succession Act - Will - Probate

Indian Succession Act -Section 29,263- In the event of a competent court of law declaring a testament of a Hindu to be invalid and in the absence of any heirs under Section 8 then; Section 29 of the Act would apply as it would be a case of failure of heirs- If a Will of a Hindu has been declared to be invalid and probate is not granted, then the provisions of the Act would automatically apply as the deceased would have died intestate - The grant of probate by a competent court of law can be assailed only by those who are the likely heirs if the Will is to fail, by either filing an appeal against it or by seeking revocation of the grant of probate under Section 263 of the IS Act, 1925. Further, it is only when there is failure of heirs that the estate of an intestate Hindu would devolve on the Government under Section 29 of the Act. This means that till that stage arrives, the Government is a stranger to the probate proceedings as well as any proceeding regarding succession under the personal law. [Context: SC held that, in this case, as the Will of the deceased testator has been probated and, therefore, Section 29 of the Act would not apply.]