Section 276 in The Indian Succession Act, 1925
276. Petition for probate.—
(1) Application for probate or for letters of administration, with the Will annexed ... come to the petitioner’s hands, and (e) when the application is for probate, that the petitioner is the executor named in the Will
Section 275 in The Indian Succession Act, 1925
275. Conclusiveness of application for probate or administration if properly made and verified.—
The application for probate
urged before us in support of this appeal was that the application for probate was barred by the law of limitation. It should be noted ... testator died on the 30th October 1931. The present application for probate was made on the 17th March, 1933.
2. Mr. Sen Gupta, in support
opposed by the present petitioner. The petitioner resisted such application by contending that application for probate does not become a regular suit Under Section ... SUITS
21. By an application at Exh. 152 the respondents also applied to the Court that application for probate after being treated as regular civil
probate case. This submission is applicable
against the respondent also because the respondent is mentioning the
details of the properties in the probate application which ... decided in the present probate case. According to the respondent, Ajay
Kumar Sharma, the property mentioned in Schedule of probate application
belong to Fateh Bahadur
order dismissing an application under Order VII Rule 11
of the Code of Civil Procedure for rejection of an application for probate,
subsequently converted into ... application under Order VII Rule 11 of the Code
for rejection of the plaint on the ground that an application for probate, having
filed beyond
hearing of a Probate petition until court-fee has been paid. But court-fee is charged on Probate and not on application for or order ... probate is taken out; so that if an estate can he administered without the necessity of a grant of probate, no probate fee in fact
original application. Mr.
Shah submitted that once the objector raised many fold objections
against grant of the application, probate application became
contentious one and therefore ... prayed for was
for grant of probate in respect of the Will annexed with the probate
application.
19. For the first
substantial question
appellants in the
application for probate that if probate of the amended Will could not be
granted, probate of the original will shall be granted ... also filed another application for amendment of the
petition. In the amendment application, it was prayed that
instead of grant of probate the legal heirs
submitted that the probate papers
were prepared in or about the first week of April, 2004. The probate application
was then signed by Ashok ... Judge revoking the grant of probate. These were firstly, that a
factual misstatement has been made in the probate application that there was no
other
