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
Even otherwise ordinarily a transferee pendent lite without leave of the court cannot be impleaded as a party… Read More Whether purchaser of a property belonging to the deceased testator should be impleaded in probate proceedings
Under the indian succession act, 1925, chapter I of Part IX of the act provides for grant of Probate and/or Letters of Administration. … Read More To whom a probate can be granted.
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.
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)
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.… Read More Revocation Of Probate or Letters of Administration
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
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
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
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.
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.