died intestate, but a will has since been discovered. (vi) Since probate was granted, a latter Will has been discovered. (vii) Since probate was granted ... under the Will. (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind
Justice, unless a Court of competent jurisdiction in India has granted probate of the Will under which the right is claimed, or has granted letters
grant of probate.
- If a codicil be discovered after the grant of probate, a separate, probate of that codicil may be granted to the executor ... surviving executor or executors. 12. Effect of probate.
- Probate of a will when granted establishes the will from the death of the testator, and renders
Will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding ... person interested in the property. (3) Before any probate or letters of administration is or are granted in such a case, there shall be endorsed
Indian Succession Act, 1925
223. Persons to whom probate cannot be granted.—
Probate cannot be granted to any person who is a minor
grant of probate.
- If a codicil be discovered after the grant of probate, a separate, probate of that codicil may be granted to the executor ... surviving executor or executors. 12. Effect of probate.
- Probate of a will when granted establishes the will from the death of the testator, and renders
ground for revocation of the probate. The will being duly executed, the probate was properly granted. In such a case the appellant, if he proves ... probate already granted, the position should be the same and if the circumstances be such that the Court would not have granted probate initially
ORAL JUDGMENT :
By this petition, the petitioner seeks revocation of the probate granted by this
court in testamentary and intestate petition ... probate, is conclusive evidence as to the
execution and validity of the Will till such a grant of probate is revoked.
Therefore, the probate granted
this decision is that Probate duty is payable in respect of the property as to which a Probate is granted; not in respect ... jurisdiction on the grant of Probate made by the District Judge of Midnapore. in this case Probate was granted for or in respect
granting Probate of Will in favour of
respondent Nos. 1 to 3 herein and to revoke the said
Probate granted by the Court.
2. Respondent ... 2004 under
Section 263 of the Act seeking to revoke the probate
granted in favour of respondent Nos.1 to 3 herein
