“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 […]
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. […]
Even otherwise ordinarily a transferee pendent lite without leave of the court cannot be impleaded as a party
Under the indian succession act, 1925, chapter I of Part IX of the act provides for grant of Probate and/or Letters of Administration.
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 […]
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 […]
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.
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 […]
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 […]
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, […]
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 […]
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 […]
RECENT DECISIONS OF THE SUPREME COURT OF THE UNITED STATES
