defendants asking to return the
original documents.
5. During the pendency of the suit proceedings, the plaintiff has
now filed the abovementioned application for amendment ... that in terms of the agreement to sell
that upon grant of probate in the proceedings being CS(OS) No.1/1998 by
the High
granting of probate, now the applicants have filed the present applications to revoke the probate, who knew very well about the pendency of the probate ... partition suit, has obtained probate proceedings. Therefore, the grant of probate is a defective substance and hence, the probate is liable to be revoked
Parmeshwar Prasad (Since Deceased) , ... vs State & Ors. on 3 July, 2012
Author: V.K
3926 of 1988 on 18.07.1988 for revoking the grant of Probate. The grant of Probate was revoked on 19.07.1989.
(xii)During the period from ... suit is in time. Further, probate proceedings are pending and therefore, no acquisition of title during the pendency of proceedings. The Executors are bound
case and the
same is pending in civil court. During pendency of the
probate case, petitioner no.1 has filed a case before the
Circle ... been made that the petitioners have suppressed the fact of
pendency of the probate case and for that reason the present
complaint petition has been
respondent that the ownership shall be disputed till
the decision of the probate petition is not a triable issue. It is settled law laid
down ... mandatory to file a rent petition.
Further in case of pendency of probate petition the same only may take
place after the decision
Judge V, West Champaran Bettiah in Probate Case No.
09/90(T.S.No.02/98) granting the probate of the will dated ... property of the
testator during the pendency of this appeal and even during the
pendency of the present interlocutory application. The photo
copy
Indian Succession Act as the suit has been filed without obtaining a probate. None of the relevant provisions of Indian Succession Act requires that ... first obtaining the required probate. In my opinion even during pendency of suit such probate can be obtained from a competent court and produced before
aforesaid. The Revenue Assistant, upon coming to know of the
pendency of the probate proceedings, adjourned the mutation proceedings
sine die awaiting the outcome
since been discovered.
(vi) Since Probate was granted, a latter Will
has been discovered.
(vii) Since Probate was granted, a codicil
has been discovered which ... circumstances the petition for grant of
Probate was converted into an original suit. It is
thereafter during the pendency of the suit, the mother
