Verification of petition for probate, by one witness to Will.—
Where the application is for probate, the petition shall also be verified by at least
Section 280 in The Indian Succession Act, 1925
280. Petition for probate, etc., to be signed and verified.—
The petition for probate or letters ... following manner, namely:— “I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best
TESTIMENTARY SUIT NO.29 OF 2012
IN
PROBATE PETITION NO.341 OF 2012
Manek Dara Sukhadwalla ]
Age about 62 years, a Parsi Zorastrian,
ig ]
Indian ... probate petition.
9. On 3rd February, 2012, respondent No.1 filed Testamentary
Petition No.341 of 2012 seeking probate of the 2010 Will
seek the
removal of a probate Petitioner as an executor? Second, whether in a
probate Petition, a Caveator can in addition seek to supplant ... that the court of probate
alone had jurisdiction and is competent to grant
probate to the will annexed to the petition in the
manner prescribed
allowing amendment not only to the
probate but also to the schedule of assets filed along with probate petition.
Respondent ... complaint by the petitioners got the probate issued by
this Court as well as schedule to the probate petition amended by suppressing the
criminal complaint
Speaking to Minutes Order
.. 8 .. chs-168.2012.sxw
probate to the beneficiary in this probate petition even if beneficiary is able
to prove the execution ... letters of administration and
not for probate. However, this did not debar his heirs to get the
probate petition amended. The trial court rejected both
will of late Mahant Manohar Dass had been
probated in a probate petition filed on 10.5.1957. The order
of the Additional District Judge dated ... Chander whose testimonies
had been recorded in the probate petition.
3. This is a second appeal. On 8.3.1995 the appeal was admitted
and following three
plea of the petition for probate being barred by time was also
taken for rejection of the probate petition and which is a valid ground ... failed to prove the aforesaid document.
24. This petition succeeds and the petition for probate of the alleged Will
dated 17th April
Learned counsel for the respondent/ probate petitioner on the other
hand contends that in the same probate petition the present petitioners herein ... Section 10 filed by the petitioners earlier before the
probate Court in the probate petition was dismissed which decision has been
approved by this Court
Succession
Act, 1925 challenging the judgment of the probate court dated 3.8.2002
dismissing the probate petition as barred by time. I may note that probate ... appellant/petitioner three years prior to
filing of the probate petition, the probate petition cannot be dismissed as
being barred by time.
3. The Supreme