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
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.
Keywords : will-Calcutta High court rule The existence of a caveatable interest would depend upon the fact situation of each case. DATE : November 23, 2017. SUPREME COURT OF INDIA Yash Vardhan Mall Vs. Tejash Doshi [Civil Appeal Nos.19635-19636 of 2017 arising out of S.L.P. (Civil) Nos.28643-28644 of 2017] L. NAGESWARA RAO, J. 1. Leave… Read More Yash Vardhan Mall Vs. Tejash Doshi [SC 2017 November]
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.
Chapter IV – Practice in granting and revoking Probates and Letters of Administration Section 264. Jurisdiction of District Judge in granting and revoking probates, etc (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57… Read More Probate of will in India