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
CODICIL IN QUESTION ............................................13
E. THE CAVEAT TO THE PROBATE PETITION..................14
F. ISSUES ..................................................................................15
G. THE EVIDENCE ON RECORD ...........................................17
H. RE: ISSUES ... probate. Kiran entered a caveat to oppose the grant of
probate. The suit was taken to trial. Clearly, if the Plaintiffs
succeeded and obtained Probate
CODICIL IN QUESTION ............................................13
E. THE CAVEAT TO THE PROBATE PETITION..................14
F. ISSUES ..................................................................................15
G. THE EVIDENCE ON RECORD ...........................................17
H. RE: ISSUES ... probate. Kiran entered a caveat to oppose the grant of
probate. The suit was taken to trial. Clearly, if the Plaintiffs
succeeded and obtained Probate
Petition for Letters of
Administration, the Petition for Letters of Administration cannot be
decided nor can a grant be issued unless the Petition for Probate ... that makes no difference. A Probate
Petition blocks a petition for Letters of Administration. On its own
the Probate Petition in question would have proceeded
compulsorily apply for probate at all. The exemption cannot
extend to a general liberty to withdraw the probate petition
whenever the probate petitioner desires ... Indeed, no probate petitioner can ever withdraw a probate
petitioner. He may renounce executorship at any time, or the
petition may simply be dismissed
adopting Alba's contentions, continued the
opposition to the probate petition.
3. Issues were struck on 1st October 2010. The Plaintiff, Walter,
filed ... High Court (OS) Rules deal with testamentary and
intestate succession. A probate petition must comply with Rules 374
of the Rules and must
SHAH-V-PORBANDERWALA.DOC
A. INTRODUCTORY
1. This contested probate petition is unlike most in one critical,
central aspect: neither of the two attesting witnesses ... SHAH-V-PORBANDERWALA.DOC
14. The present Plaintiffs filed this probate petition on 6th
November 2001. Contrary to the requirements of Rule
Yashwanti and Rajshree from Barrister
Kalsekar's estate. If the probate Petition fails, then Firke, Rakesh
Kumar and Ramvikas will have no stake ... that
regardless of which of the two results obtains in the probate
Petition, the estate is carefully safeguarded and husbanded, in such a
way that
joining
in the Probate Application. The terms of the Will, Exhibit "B-2" to
the Probate Petition, make it clear that the appointment ... lies perhaps in assessing the future trajectory
of Sonali's probate petition. In that petition, Sabita is not a
Petitioner. She must
Probate was granted on 13th December
2007. This included a Schedule of Ramanlal's assets that was annexed
to the probate petition ... Will and
Codicil being probated, not to the probate petition's contents.
17 Notice of Motion, 2nd Defendant Affidavit in Reply
