Whether a purchaser of a property belonging to the deceased testator should be impleaded as a party in a probate proceedings

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.

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…

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…

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.

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…