Sunil Gupta Versus Kiran Girhotra and ORS-Indian Succession Act, 1925—Sections 263 and 307—Parties to proceedings—A transferee of a property during the pendency of a proceeding is not a necessary party—Purchaser of a property belonging to the deceased testator is not entitled to be impleaded as a party in the probate proceedings.
Category: Probate Grant Of
What is the true legal position in the matter of proof of wills?
where a will is charged with suspicion, the rules enjoin a reasonable scepticism, not an obdurate persistence in disbelief. They do not demand from the Judge, even in circumstances of grave suspicion, a resolute and impenetrable incredulity. He is never required to close his mind to the truth
Any person interested in property included in Will can always file a suit to establish his right to property to exclusion of testator despite grant of probate
"Questions of title are not decided in proceedings for the grant of probate or letters of administration. Whatever therefore might have happened in those proceedings would not establish the title.... Now it is not in dispute that the grant of…
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…
Read More When the right of an executor or a legatee under a Will can be established
Whether purchaser of a property belonging to the deceased testator should be impleaded in probate proceedings
Even otherwise ordinarily a transferee pendent lite without leave of the court cannot be impleaded as a party
To whom a probate can be granted.
Under the indian succession act, 1925, chapter I of Part IX of the act provides for grant of Probate and/or Letters of Administration.
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…
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…
Read More Priyamvada Devi Birla (Since Deceased) Vs. Madhav Prasad Birla (Since Deceased)
Revocation Of Probate or Letters of Administration
It is well established that the probate court while granting probate in respect of a will decides only the question of the genuineness and validity of the will and does not go into the question of title much less decide the said question in respect of any of the items said to belong to the said estate.
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.…
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…
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…
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…
Basanti Devi Versus Raviprakash Ramprasad Jaiswal- an application for grant of probate is a proceeding in rem.
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 therewith.
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