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Any person interested in property included in Will can always file a suit to establish his right to property to exclusion of testator despite grant of probate SUPREME COURT

Any person interested in property included in Will can always file a suit to establish his right to property to exclusion of testator despite grant of probate

advtanmoy 27/11/2018
“Questions of title are not decided in proceedings for the grant of probate or letters of administration....
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If issue of title neither expressly nor substantially involved in former suit then whether the judgment operates as res judicata in a next suit.

If issue of title neither expressly nor substantially involved in former suit then whether the judgment operates as res judicata in a next suit.

advtanmoy 01/10/2018
12-07-2005-We find sufficient force in the alternative contention advanced on behalf of wife Alagammal and her children...
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