applicable in India. Such a judgment would hold good
until the probate granted under such judgment is revoked also
under the law in force ... that in the case of a probate, a competent
court will include a Foreign Court, and a probate granted by a foreign
court would even
issues and answered them in
favour of the petitioners and, accordingly, granted probate of the Wills.
Aggrieved by the grant of probate, the present appeal ... monkey wrench into
the probate machinery and for the above reason, the probate court
ought not to have granted probate in the light
disposed of
probate petition is beyond his powers and jurisdiction.
11.
Mr. Chinoy, learned senior counsel submits that the probate
petition was granted by this ... implemented, no further amendment either in the
probate petition or in the probate itself could be granted even by this court
without hearing
said order of probate.
11. It is the further submission of the learned counsel that the probate
having been granted as early ... order dated 5.10.1948
granted probate of the Will. This makes it abundantly clear that on the basis of
the probate granted by this Court
with recognition in respect of grant
of probate, of letters of administration in
respect of the probate granted, and
cancellation of probate (or letters ... probate, as the grant of probate by a competent Court operates
as a judgment in rem. Once the probate to the Will is granted,
then
interfering with the grant of
probate but observing that the said probate would be subject to the
probate, if granted, in respect of the second ... disposed of by a learned Single Judge without interfering with the
probate granted in respect of the first Will, thereby affirming the
authenticity
settled that an application for
grant of probate is a proceeding in rem. A probate when
granted not only binds all the parties before ... application for grant of probate is a proceeding in rem. It is also
further held that a probate when granted not only binds
with recognition in respect of grant
of probate, of letters of administration in
respect of the probate granted, and
cancellation of probate (or letters ... probate, as the grant of probate by a competent Court operates
as a judgment in rem. Once the probate to the Will is granted,
then
earlier order granting probate is not recalled but by virtue
of granting second probate, if any, earlier grant of probate
will automatically be annulled ... should be
admitted to probate. If the Second Will is probated, automatically the
probate granted in respect of the First Will shall stand annulled
hereinafter referred to as the „Act‟) for revocation of the Probate granted on
2nd August, 2002 to the petitioners in respect of the estate ... filed under Section 263 of the Act for revocation of a
Probate granted in favour of the original appellant. The revocation was filed
alleging that
