after referred as applicant) filed an
application for revocation of the probate granted to Sh. Sudip Kumar Lahiri
and Major General Sandip Biswas (referred ... just cause for
revocation of probate. Following other grounds were taken by the applicant to
challenge the probate granted.
(a) Non publication of citation
fraud played upon the Court.
2.34 It is her case that probate granted on 25.11.2014 is
liable to revoked inasmuch as the connivance ... testatrix, a probate petition was
filed by the petitioner as executor, seeking the grant of probate of
probate of the said Will. It was pleaded
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
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the basis of which the probate was granted) was revoked
lawful the grant of Probate may be revoked by moving an
appropriate application, but such revocation of Probate shall be granted by
the same Court ... Probate is conclusive
evidence not only of the factum but also the validity of the Will after the
Probate has been granted, it is incumbent
order granting probate has
not been produced by any side though it is
admitted by all sides that probate was granted ... appellants herein had notice of the probate
case. Assuming that probate had been granted,
what is the effect of the grant of probate
Indian Succession Act for
revocation/annulment of probate granted in Probate Case no.
66/69)
JUDGMENT
Smt. Madhur Bhashini Loyal (herein referred as
applicant) filed ... Indian
Succession Act, for revocation of the probate granted to Sh. Vipon
Vinod (referred to as non-applicant/ petitioner) vide order dated
judgments that the decision of a Probate Court is a judgment in rem and
the probate granted by the competent Court is conclusive ... under :
"(iii) Succession - Probate - Decision of a Probate
Court is a judgment in rem - A probate granted by the
competent Court is conclusive
application for revocation of probate to
the effect that the Will, of which probate was granted, is a forged
document or that Shri Dhari ... purpose of revocation of probate,
limitation period under Article 137 Limitation Act commence on
04.07.2005 when probate was granted and accordingly the
application filed
Road,
Delhi - 54. ............ Petitioner.
Versus
State. ............ Respondent.
APPLICATION FOR REVOCATION OF PROBATE
GRANTED VIDE ORDER DATED 13.8.1997
APPLICANT :-
i) Shri Sarvinder Singh
through his attorney ... Mohd. Saleem.
JUDGMENT
1. This is a petition for revocation of probate granted to the
petitioner vide judgment dated 13.8.97 passed by the then learned
