When the right of an executor or a legatee under a Will can be established

The said suit, wherein the validity of the sale deed executed in favour of the appellant by Avarani Bose is questioned, has been pending without a decision for more than a decade. The first respondent has not even chosen to appear in this appeal nor explained the delay in securing probate, thereby lending credence to… Read More When the right of an executor or a legatee under a Will can be established

Whether previous judgment of criminal court convicting son for murder of the testator father would be relevant in subsequent proceeding for revocation of grant of probate.

Supreme Court  In Anil Behari Ghosh v. Latika Bala Dasi [1955 AIR 566, 1955 SCR (2) 270] a question was raised whether previous judgment of criminal court convicting the son for murder of the testator father would be relevant in the subsequent proceeding for revocation of grant of probate. There also a question that fell for… Read More Whether previous judgment of criminal court convicting son for murder of the testator father would be relevant in subsequent proceeding for revocation of grant of probate.

Priyamvada Devi Birla (Since Deceased) Vs. Madhav Prasad Birla (Since Deceased)

Keywords: Caveatable Interest-Revocation of Probate-Mutual will⇒ All persons claiming to have any interest’ are to be understood in slightly liberal sense. In my considered opinion, for issuance of citation, nature of claim or interest of the person concerned is not to be examined, on the anvil of genuineness or legitimacy. Anyone’s mere claim is sufficient… Read More Priyamvada Devi Birla (Since Deceased) Vs. Madhav Prasad Birla (Since Deceased)

Anil Behari Ghosh Vs Smt. Latika Bala Dassi and others

15-04-1955 AIR 1955 SC 566 : (1955) 2 SCR 270 (SUPREME COURT OF INDIA) Anil Behari Ghosh Appellant Versus Smt. Latika Bala Dassi and others Respondent (Before : Vivian Bose, B. Jagannadhadas And B. P. Sinha, JJ.) Civil Appeal No. 106 of 1953, Decided on : 15-04-1955. Succession Act, 1925—Section 70—revocation of Will—Proof of—Intention to… Read More Anil Behari Ghosh Vs Smt. Latika Bala Dassi and others

Mrs. Nalini Navin Bhagwati and others Vs Chandravandan M. Mehta

11-10-1996 An application to revoke probate or letter of administration would be treated as miscellaneous application. The application to revoke the probate or letter of administration thus may be disposed of by the District Judge either summarily or in a given situation where it requires proof of the facts by adduction of evidence by the… Read More Mrs. Nalini Navin Bhagwati and others Vs Chandravandan M. Mehta

Crystal Developers Vs Smt. Asha Lata Ghosh (Dead) (Through L.Rs.)-when the probate issued in the common form is revoked under section 263 the revocation operates prospectively

05-10-2004. The probate can be revoked upon any of the grounds mentioned in section 234 of the Indian Succession Act, 1865 (Section 263 of Indian Succession Act, 1925). In the said judgment, it has been observed that in cases where the probate has been given in the common form, and not in the solemn form,… Read More Crystal Developers Vs Smt. Asha Lata Ghosh (Dead) (Through L.Rs.)-when the probate issued in the common form is revoked under section 263 the revocation operates prospectively

Civil Court has no jurisdiction to impugn the grant of probate by the court of competent jurisdiction.

18-03-1993 Chiranjilal Shrilal Goenka (Deceased) through LRs Versus Jasjit Singh and others The grant of a Probate by Court of competent jurisdiction is in the nature of a proceeding in rem. So long as the order remains in force it is conclusive as to the due execution and validity of the will unless it is duly revoked… Read More Civil Court has no jurisdiction to impugn the grant of probate by the court of competent jurisdiction.

Basanti Devi Versus Raviprakash Ramprasad Jaiswal- an application for grant of probate is a proceeding in rem.

12-10-2007 Revocation of Probate Granted by SC-It is now well settled that an application for grant of probate is a proceeding in rem. A probate when granted not only binds all the parties before the Court but also binds all other persons in all proceedings arising out of the Will or claims under or connected… Read More Basanti Devi Versus Raviprakash Ramprasad Jaiswal- an application for grant of probate is a proceeding in rem.