Revocation of probate-even though learned Single Judge had discretion to issue citation or not but in the facts of the present case a citation ought to have been issued in exercise of discretion conferred under Section 283 of the Succession Act and the probate granted without issuance of such citation in the facts of the present case deserves to be revoked and learned Single Judge and the Division Bench committed error in rejecting the application for revocation filed by the appellant.
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.
Basanti Devi Versus Raviprakash Ramprasad Jaiswal- an application for grant of probate is a proceeding in rem.
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 therewith.