that permanent injunction be
granted, restraining defendants from alienating the suit
property.
6.3. On 26.11.2009, the District Court granted probate of the
unregistered Will dated ... probate suit."
24. It is now well settled that an application for grant of probate
is a proceeding in rem. A probate when granted
creditor of the deceased.
***
Section 227 . Effect of probate.--Probate of a will
when granted establishes the will from the death of the
testator ... connected therewith. The decision
of the probate court, therefore, is the judgment in
rem. The probate granted by the competent court is
conclusive
Court of competent jurisdiction in India has granted probate of
the Will under which the right is claimed, or has granted letters
of administration with ... Justice
unless a Court of competent jurisdiction in India has granted
probate of the Will under which the right is claimed.
47. Sub-Section
Court of competent jurisdiction in India has granted probate of
the Will under which the right is claimed, or has granted letters
of administration with ... Justice
unless a Court of competent jurisdiction in India has granted
probate of the Will under which the right is claimed.
47. Sub-Section
dated 17.09.2009 in
Testamentary Petition No. 445 of 2008 and the Probate
granted on 27th September, 1984 in Testamentary Petition ... have granted
the Probate. After granting of Probate in the aforesaid manner, if the
Executor to whom the Probate has been granted dies, leaving
short " Succession Act ") seeking
revocation for Probate granted on 8th March, 2024 in respect of alleged
Will of one Nidhir Kalimohan Dutta ... Probate by Testamentary
Petition No. 489 of 2004. The present Respondent filed Caveat, which
was dismissed on 10th March, 2005 and Probate was granted
short " Succession Act ") seeking
revocation for Probate granted on 8th March, 2024 in respect of alleged
Will of one Nidhir Kalimohan Dutta ... Probate by Testamentary
Petition No. 489 of 2004. The present Respondent filed Caveat, which
was dismissed on 10th March, 2005 and Probate was granted
probate stands revoked. The propounder says upon the proceedings being
conducted afresh with notice to the applicant herein, if the probate is granted
the stamp ... probate cannot be kept in abeyance till
unspecified time period. Therefore, the earlier order cancelling revocation of
grant of probate is recalled. The probate granted
order granting probate has
not been produced by any side though it is
admitted by all sides that probate was granted ... appellants herein had notice of the probate
case. Assuming that probate had been granted,
what is the effect of the grant of probate
Probate Application No.558 of 1982), whereby, learned
Judge granted probate of property mentioned in Will in favour of
deceased - Bhaskar Pednekar respondent herein (expired ... which reads as under :-
"227. Effect of probate.-- Probate of a Will when granted
establishes the Will from the death of the testator
