probate proceeding prosecuted to final judgment, that judgment, whether for or against the will, is a judgment in rem and, if against the will takes ... judgments refusing probate, on the merits, are as much judgments in rent as judgments granting probate. But 'this will always leave room
Probate Certificate
irrespective of its registration and after granting of Probate Will was
entered into the permanent safe custody of the Probate Court which
could ... making an application for probate, grant
or refusal of probate or an appeal carried against the
decision of the probate court. This is clearly
manifested
late
Thomas Ipe Kovoor (Sr.)
Dt. of judgment: Friday, 22.07.2016 Probate CP 7/2011
Ms M AI Kovoor @ Anna Kovoor Vs Mr Thomas Ipe Kovoor ... deceased Elizabeth Ipe Kovoor, as she is
Dt. of judgment: Friday, 22.07.2016 Probate CP 7/2011
Ms M AI Kovoor @ Anna Kovoor Vs Mr Thomas
complainant/respondents in the probate proceedings and the probate
proceedings being in the final stages , the said judgment would apply in favour of
the petitioner ... judgment in rem. It is binding
on all Courts and authorities. Being a Judgment in rem it will
have effect over other judgments. A judgment
formulated which inter alia read as follows:
"1. Whether the judgment of probate case is judgment ... probe into
the matter and give its finding contrary to the judgment of
probate case?
2. When the judgment of probate case is judgment
Probate Court has to deliver a judgment which would become a judgment in rem and this judgment will bind not ony the parties before ... probate proceeding prosecuted to the final judgment, that judgment, whether for or against the will is a judgment in rem and, if against the will
showing the presumption that the
judgment in a probate Court granting probate was a judgment in rem and
must be presumed to have been obtained ... grant of the
probate at all. She argued that the actual grant of the probate is not made
under the judgment. The judgment has only
Section 41 , Evidence Act, the final judgment of a Probate Court granting probate is a judgment in rem and is conclusive ... Mysore confirming the judgment of the District Judge, Civil Station. They further pleaded that the judgment of the Probate Court constituted a judgment
showing the presumption that the
judgment in a probate Court granting probate was a judgment in rem and
must be presumed to have been obtained ... grant of the
probate at all. She argued that the actual grant of the probate is not made
under the judgment. The judgment has only
showing the presumption
that the judgment in a probate Court granting probate was a
judgment in rem and must be presumed to have been obtained ... judgment in the case of
AIR 1950 Mysore 57 DB which has held that such a judgment in
rem, including judgment of a foreign Court
