probate in terms of
a Probate Petition no. 35/2006 with respect to the Will dated
28.4.2005 executed by Sh. Chander Pal. During the pendency ... were restrained from creating third
party interest during the pendency of the probate petition, transfer of
the suit property to the appellants/defendant
probate proceeding, his father could not encash the said Term Deposit. Ultimately, the said probate proceedings reached its finality on 21-01-2000 and probate ... deceased depositor to act in one way or the other during pendency of probate proceedings. Differently put, the Bank was not duty-bound
filed a probate
petition seeking probate of the Will dated 3.6.1978 executed by Sh.
Dalel Singh in his favour. This probate petition bearing ... evidentially what value is to be attached regarding the probate obtained
during the pendency of the present suit without making Defendant No.1 as
party
Will. The petitioner
filed Probate Case No.1 of 2003 for probate of the Will. During
the pendency of the probate case, the respondents ... Will for which the petitioner
filed probate case. The respondents 1st are not necessary party in
the probate case in which genuineness of the Will
Barasat, North 24-Parganas - in
Misc. Case No.367 of 2006 (Probate).
Perused the materials on record.
One will was said to have been executed ... presented before the court of learned District Delegate at
Barasat seeking probate. During pendency of that probate
proceeding, letters of administration was opted
father, since deceased. On the other hand, due to pendency of probate proceeding, his father could not encash the said Term Deposits. Ultimately, the said
Section 273 of
the Indian Succession Act for grant of probate. During the
pendency of the proceedings, an agreement to sell dated
30.06.2010 executed between ... sell
dated 30.06.2016 in the proceedings, which are for grant of
probate in favour of the plaintiff.
I have heard Mr. C.S. Rajpurohit, learned
issued citations in the probate case. Besides this, the
respondents were aware about the Will as well as the
probate granted by the Court below ... necessary
parties in probate proceedings.
3. In response to the notice, respondents are
being represented by their counsel. During the pendency
of the appeal
2017 Page 1 of 5
Probate Court on 29th April, 2017 when the Probate Court was informed of
this petition having been filed and adjournment ... this Court did not intend that the
proceedings before the Probate Court in the Probate Case from which this
petition arises should be stayed pending
that the amendment order passed by the learned lower
court in the probate case is incidental to it and once the learned lower
Patna High ... court has rejected the prayer for revocation of the probate order
finding no locus standi of the respondents, it ought have not passed
the order
