Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.

Calcutta High Court  in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081[division Bench]  Division Bench of this Court held as follows: ‘……..The grant of a probate is not a condition precedent to the institution of the suit by the executor. See Chandra Kishore Roy v. Prasanna Kumari Dasi (1). There cannot be any… Read More Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.

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. 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

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 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

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 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

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 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.