dated 15th April, 2003 to the said Will.
During the pendency of the probate proceeding the executor, namely,
Rajendra Singh Lodha in short ... estate of the testatrix is not jeopardized during
the pendency of the probate proceeding.
Mr. Chatterjee, thus, contended that the exercise of the right
grant
Patna High Court MA No.563 of 2011 4
of probate (Probate Case No.80 of 1983) and on account thereof, no
notice ... wherein there happens to be specific disclosure at his
end regarding pendency of probate case, but petitioners have not
chosen to appear and on account
argued that the applicant was
always fully aware about pendency of probate proceedings, as
admittedly, he visited Delhi repeatedly and stayed with the
respondents ... service of notice and/or of the
applicant being aware about pendency of probate proceedings; and
as to whether the application has been filed within
inform defendants no.15 to
20 regarding the pendency of the probate case as at the
time of alienations in favour of defendants ... revocation of the probate on
the disposition(s) during the pendency
of the probate.
(II) Was the disposition during the
pendency of the probate founded
Samir Chandra Das and Parul Bala Das.
However, during the pendency of the probate proceedings, Parul
Bala Das expired ... This probate application was
supported by all excepting Bibhas Chandra Das, the respondent
herein. Since the probate became contentious, the application for
probate was refiled
sham and nominal. The defendants had also suppressed the pendency of probate petition numbered as O.P.No.210 of 1995. Validity of such sale ... required, pray for stay of such proceedings in view of pendency of probate proceedings. As per Section 211 of the Indian Succession Act, title
seeking stay of the partition suit during the pendency of the probate
petition. The same was rejected by the Trial Court on 25th April ... partition suit requires to be stayed in view of the pendency of
the probate proceedings. A perusal of the partition suit, clearly, shows that
upon the death of a sole executor during the pendency of probate proceedings it has been held that his heir is not entitled to continue ... applied for grant of probate of the Codicil, the Court granted probate of the Will and refused probate of the codicil which it had found
caveat has been lodged with supporting affidavit or at least when the probate application has been converted into testamentary suit, before any testing time ... companies, which are mostly investment companies.
(k) During the pendency of the probate proceedings Joint Special Officers were appointed by this Court on the basis
forgery is glaringly apparent on the face of record. Regarding the pendency of probate proceeding it has been submitted that if a particular document ... that the criminal proceedings should be quashed in the wake of pendency of probate proceeding appears to be untenable. This Court also does