never served with any notice/citation of
the pendency of the probate case. It is her case that the other two
sisters of Late ... testatrix, a probate petition was
filed by the petitioner as executor, seeking the grant of probate of
probate of the said Will. It was pleaded
suit for
declaration as null and void within the limitation period.
Pendency of probate proceedings is no ground for extension
of the limitation ... declaration,
permanent and mandatory injunctions, by them, during the
pendency of the Probate Petition, was not possible as the
appellants were legally disabled to file
Executor. Therefore, keeping in view the large
estate of the Testator, the Probate court examined Lord Northbrook on
25.09.2004 to ascertain whether he was willing ... probate. The State of Rajasthan was aware of the pendency of
the probate petition because it had invoked the provisions of Rajasthan
Escheat Regulation
about the genuineness of the
will could only be decided by the probate court and civil court has no
jurisdiction to go into the matter ... Court had held that no declaration can be
made during the pendency of probate proceedings. Reliance upon this
judgment is totally misplaced. Admittedly, in this
about the genuineness of the
will could only be decided by the probate court and civil court has no
jurisdiction to go into the matter ... Court had held that no declaration can be
made during the pendency of probate proceedings. Reliance upon this
judgment is totally misplaced. Admittedly, in this
issue regarding continuation of
criminal proceedings in view of the pendency of the probate proceedings,
instituted at an earlier point in time ... learned Single Judge, vide order dated 17.03.2010, held as under:
"Pendency of Probate proceedings is a ground put forth for
the stay
produced
during investigation. The learned counsel further submits that
moreover, there is Probate Suit No.08/2019 and Title Suit
No.139/2022 pending ... case and counter case between the parties and also considering
the pendency of probate suit and title suit between the parties
and chances of false
Senior Division, Baramati, in Regular Civil
Suit No.605 of 2012, granting probate to the respondents. The
facts giving rise to the filing ... Registered Will in favour of respondent No.1. During the pendency
of probate proceedings, beneficiary Mr. Dattatraya Rambhau Wagh
died. His legal representatives were brought
application that can be made even during
the pendency of a probate petition; and Ms. Iyer's clients
are, of course, fully at liberty ... application can be brought at any time even
during the pendency of a probate petition or one for
Letters of Administration with or without Will
Senior Division, Baramati, in Regular Civil
Suit No.605 of 2012, granting probate to the respondents. The
facts giving rise to the filing ... Registered Will in favour of respondent No.1. During the pendency
of probate proceedings, beneficiary Mr. Dattatraya Rambhau Wagh
died. His legal representatives were brought