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
Mehta in his probate
Petition No.237 of 2009, which propounded a later Will,
there was no question of probate being granted to Veena
Shah ... consenting to a revocation of the Probate in Petition No. 23 of
2009. That Probate was granted on 4th September 2009.
Miscellaneous Petition
Hong Kong Special Administrative Region, Court
of First Instance granted Probate of this Will to the Petitioner on
16th November 2016. The Petition is under ... probate covers is another; and this is
precisely the rationale behind Section 228, which allows for 're-
sealing' of a probate granted
such. 4
No right as an executor is established unless probate is granted. 5
Probate can only be granted to an executor named as such ... else, though the appointment may be express or
implied.6 Probate, when granted, establishes the Will from the death
2 See: In the goods
entered into with the heirs of Edmond
D'Mello. The probate granted by this Court of the will of the
deceased makes specific reference
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 ... compulsorily apply for probate at all. The exemption cannot
extend to a general liberty to withdraw the probate petition
whenever the probate petitioner desires
such. 4
No right as an executor is established unless probate is granted. 5
Probate can only be granted to an executor named as such ... else, though the appointment may be express or
implied.6 Probate, when granted, establishes the Will from the death
2 See: In the goods
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 ... they may
be granted to a creditor.
(g) Where the deceased has left property in India,
letters of administration shall be granted according
negative.
In the result, I have decreed the suit and granted probate.
Re: Issue No:1: Due Execution of the Will
13. The Affidavits
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
