respective nomenclatures in the main
probate case.
3. The brief facts of the case are that probate was granted
in favour of Smt. Hirawati ... Probate
and in the later Will the previous Will of Shri Maya Ram (on
the basis of which the probate was granted) was revoked
virtue of Will of Sh. Maya Ram for which the probate was
granted in favour of the plaintiff.". It is also found ... from the time when probate/Letters of
Administration was granted. The probate of Will dated
15.04.1965 was granted on 12.07.2001. This grant of probate
allowed the
applicant to file proper application for revocation of the
probate granted in favor petitioner herein. It is further stated
that the applicant herein ... present probate petition in respect of Will dated 11.03.1999
executed by Sh. S.N. Khera, of which the probate was
granted by the court
submitted that Shri Gopal Krishan Khera/respondent No.2
filed a probate petition bearing No.141/2001 (Old) 19/2006
(New) on the basis ... said forged and fabricated
Will dated 11.09.1992 and ultimately probate was granted in
favour of the respondent No.2/Gopal Krishan Khera by the
court
counsel for the
defendant himself put the Will and the probate granted in favour
of Smt. Saroj Gupta to the plaintiff during his cross examination
alleged Will but merely a beneficiary. As per law, probate can
only be granted to the named executor, if any and not to the
beneficiary ... propounder of the will to remove the suspicions. The
probate can be granted only after the judicial conscience of
the Court is satisfied that
probate in respect of the above said property
on the basis of registered Will dated 17.08.1999. The
petitioner is entitled to the grant of probate ... legal bar or impediment which may
debar the petitioner from being granted probate in respect
of the Will dated 17.08.1999 in respect of the above
validity of the Will is not in question.
It has been granted Probate by the Hon'ble High Court of Delhi ... connected therewith. The decision of the
probate court, therefore, is the judgment in rem.
The probate granted by the competent court is
conclusive
favour in 1999 and filed a probate petition. After all the legal
formalities the probate has been granted to the plaintiff and
the plaintiff became ... from the time when probate/Letters of
Administration was granted. The probate of Will dated
15.04.1965 was granted on 12.07.2001. This grant of probate
been
stated by him on oath that " After seeing the probate granted in favour
of the plaintiff, I admit the claim ... rent to the plaintiff earlier as he had not shown the probate
to me nor he had mentioned about the probate in the notice dated
