submitted that
the learned trial Court has only declared that the probate granted by the
district delegate is not in order and the same ... course of arriving at the conclusion about the revocability of the
probate granted to the alleged Will. The said observation cannot prevent
Mousumi or Meena
Probate Court), for grant of probate to an unregistered
Will, claimed to have been executed by Durgapada Paul on
21.11.1984. Ld. Probate Court has granted ... find anything unreasonable or contradictory. He further
submitted that the probate was granted to Appellant without proper
service of notice to respondents. Appellant admitted that
17th September, 2002.
The probate was granted in common form to the last will and testament of
the said deceased.
The widow ... interest the applicants are not entitled to any
notice and the probate granted in favour of the executor cannot be revoked at the
instance
probate court is required to decide the validity and
genuineness of the Will. It operates as a declaration in rem.
Probate cannot be granted ... agreement to take out
6
probate in an amended form and that probate could not be
granted by consent of parties only and that
grant of probate by a
Competent Court operates as a judgment in rem and once the probate
to the Will is granted, then such probate ... Will. The grant of probate by a competent court operates
as a judgment in rem and once probate is granted it binds the whole world
Ramendra Sundar Mandal vs Smt. Chandralekha Roy on 29 September, 2022
Author: Soumen Sen
Bench
mind.
The learned Trial Judge, however, rejected the said objections and
granted probate in favour of the propounder of the Will. Hence this appeal ... prove. If the caveator does not discharge such burden probate
must be granted.
Mr. Basu submits that a man's motivation
also one of the executors of the Will of Bonku. Probate was
granted in his favour before the partition suit was filed by Bipin ... decree. The final
decree in the partition suit was passed after probate was granted in favour of
Bonobehari. The partition decree passed by Justice Costello
said probate proceeding became contentions and
renumbered as O.C. (Probate) Suit No.3 of 1990. On 16th May, 1997
probate was granted. The appeal ... learned District Delegate by an order dated December 6,
2005 granted probate to the plaintiffs in Misc. Judicial (Probate) Case
No.116/2005 in respect
earlier
filed an application for grant of probate being probate case no. 74 of 1969.
The said probate case was allowed by the learned District ... revocation case no. 6 of 1972 praying for revocation of the
probate granted earlier. The learned Additional District Judge, 2nd Court,
Hooghly on consideration
