“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. […]
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
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 […]
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 […]
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, […]
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 […]
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 […]