ORAL JUDGMENT :
By this petition, the petitioner seeks revocation of the probate granted by this
court in testamentary and intestate petition ... probate, is conclusive evidence as to the
execution and validity of the Will till such a grant of probate is revoked.
Therefore, the probate granted
December 1994. On 28th December 1994, this Court granted probate in favour
of the plaintiff in respect of the Will and Testament alleged to have ... petition
No.283 of 1991 interalia praying for setting aside the probate granted by this
Court in favour of the plaintiff on 28th December
probate, is conclusive evidence as to the
execution and validity of the Will till such a grant of probate is
revoked. Therefore, the probate granted ... probate petition granting
probate is order in rem.Petitioner was fully aware of the will,
filing of petition and the probate granted by this court
dated 20.2.1971 executed
by the said deceased. On 3.7.1980 this Court granted probate in favour of
Joseph D'Cunha who was the executor ... Indian Succession
Act, 1925 inter alia praying for revocation of probate granted by this Court
in favour of Joseph D'Cunha
Issues Findings
1] Whether the Petitioner proves that the
probate granted to the alleged Will dated
3rd November, 2004 was not validly and
No
properly ... even in absence of the cross-examination. He submits that
the Probate granted by this Court was without complying with the
legal requirements and thus
them. By an order dated 13 th December 2007,
this Court granted probate of the last Will and Testament of the said
deceased with ... said testamentary petition (733/11) for amendment of the
probate granted by this Court and also to amend the schedule of assets with
regard
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
Sections are set out
below:
222. Probate only to appointed executor. - (1) Probate shall
be granted only to an executor appointed by the Will ... moment after his
death. The effect of a probate under Section 227 is that
probate when granted establishes a will from the death
OCTOBER 14, 2013.
JUDGMENT :
By this petition, petitioners seek revocation of probate granted by
this Court on 3rd July 1980 in favour of Mr Joseph ... grant of probate by a Competent
Court operates as a judgment in Rem and once the probate to the Will is granted,
then the said
appellant
challenging the judgment of the High Court revoking the
probate granted in respect of the Will executed by the testator,
was that the respondents ... that the probate court exercises a limited jurisdiction
and is not concerned with the question of title. If the probate is
granted, an application
