connected therewith. The decision of the probate
court, therefore, is the judgment in rem. The
probate granted by the competent court is
conclusive ... probate
proceedings and to grant or refuse probate of the
annexed will. It should keep the original will in its
custody. The probate thus granted
fails to prove the Will in its solemn form cannot be
granted Probate or Letters of Administration with Will Annexed.7
This proof ... death and that this delay remains unexplained.
Therefore, no relief should be granted.55 Mr. Narula contends that
this unexplained delay is substantial and that
negative.
In the result, I have decreed the suit and granted probate.
Re: Issue No:1: Due Execution of the Will
13. The Affidavits
FINAL.DOC
2. This is a Petition for revocation of a probate granted to
Respondent Nos. 3 and 4 in respect of a Will dated ... appointed under that Will. It is they who sought and
obtained the probate.
3. Respondent Nos. 5 to 15 support the Petitioner. They all
claim
Kishore (Defendant No.9) as his Executors. Ashok
sought probate in Testamentary Petition No. 733 of 2007. Mukesh
and Bharat consented; they filed consent ... Affidavits dated 7th
September 2007 and 6th September 2007 respectively.4 Probate was
granted on 13th December 2007. This included a Schedule of
Ramanlal
Kishore (Defendant No.9) as his Executors. Ashok
sought probate in Testamentary Petition No. 733 of 2007. Mukesh
and Bharat consented; they filed consent ... Affidavits dated 7th
September 2007 and 6th September 2007 respectively.4 Probate was
granted on 13th December 2007. This included a Schedule of
Ramanlal
Respondent No.1,
i.e., Mr. Prabhakar Narsingh
Deolankar, appointed under the Probate
Petition No. M.A. 359 of 2006 as the
Executor ... face of it, these reliefs are inconsistent with the
probate revocation application and the assertions that the probated
Will dated 25th April
that an arbitrator can well grant. These are reliefs that are
routinely granted in arbitrations. Mr. Dhond says that the arbitrator
can never arrive ... till
it is revoked, against the world at large. Where a probate Petitioner
obtains a probate against certain Caveators, that probate
Dr. Prabhakar Bhagwan Satpute vs Shamita Sanjay Galwankar & Anr on 21 November, 2016
Author
Prabhakar Bhagwan Satpute vs Vithal Yashwant Samant on 21 November, 2016
Author: G.S.Patel
