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
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
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
with recognition in respect of
grant of probate, of letters of administration in respect of the
probate granted, and cancellation of probate (or letters ... 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 and a grant
of probate does not confer any title on the person in whosoever favour
probate is granted. It is therefore that ... appellants that they waited for the outcome
of the probate petition and probate was granted on 30.07.1986 and
therefore the suit filed
filed by the third party to revoke the probate granted in O.P.No.792 of 1998 dated 20.04.2005. Application No.1187 ... right to file revocation of the probate accrued from the date on which probate was granted in favour of the respondent. But in the instant
Hence, prayed for revocation of Probate.
5. Learned counsel for the respondents would submit that the Probate was granted in the year 2001 and this ... 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
Gupta who applied for probate
in 1969 by filing the above Probate Petition. At the time when an
application for probate was made, the Appellant ... 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
Gupta who applied for probate
in 1969 by filing the above Probate Petition. At the time when an
application for probate was made, the Appellant ... 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
