competent probate court, and in view of the fact that in the
suit the appellant had not challenged the probate proceeding, the Civil
Court cannot ... within the purview of
the probate court. Therefore, the only issue in a probate proceeding
relates to the genuineness and due execution of the will
notice about this probate proceedings.
Under these circumstances it is not expedient to acknowledge
this probate proceeding and re-open the matter ... probate or letters of administration.
Section 284 provides for lodging caveat against grant of
probate or administration. Section 285 lays down that no
proceeding shall
Supreme Court is that the only issue in a probate
proceeding relates to the genuineness and due execution of the
will. The Succession ... application for a
probate and the grant or refusal of probate. Hence, proceedings
for the grant of probate can be conducted by the Court only
Whether the will is a forged document. (2) Whether the probate proceeding was materially defective. (3) Whether the petitioner has any locus standi to make ... sought to be deprived of its dues by means of the probate proceeding cutting off the debtors from their inheritance.
23. It appears that
that a Hindu reversioner is not entitled to appear in a probate proceeding because he does not possess a present alienable interest in the estate ... interest which would justify the intervention of a person in a probate proceeding must be an interest of the description referred to in these cases
defendant Dharohar Kuer was the sole opposite party in the probate proceeding. Probate was granted by the District Judge by his order ... claim or demand on him in respect of it. Pending the probate proceeding which was opposed by her heirs the heirs instituted the suit
conversion of the proceedings from one for
the grant of probate to a proceeding for the issuance of letters
of administration cannot be maintained ... legatee
his heirs from seeking substitution.
16. The Court in a proceeding for probate, it is well settled, does not
decide questions of title
court.
(9) Counsel for Ram Parkash Arora contended that in the probate proceeding the court had no jurisdiction to record a finding that the will ... died.
(12) When he was examined as a witness in the probate proceeding, Dr. S. C. Gupta said that he had signed the will four
ORISSA 178
JUDGMENT
R.N. Misra, J.
1. In a pending probate proceeding (O. S. No. 25 of 1966) before the learned District Judge ... competent to enter caveat. The ambit of enquiry in a probate proceeding is limited and the question of title of a third person cannot
XXIII, Rule 3, of the Code of 1908; that the proceeding for revocation of probate is a suit within the meaning of that rule ... probate proceeding may not be lawful, the objection does not apply to the compromise of a proceeding for revocation of a probate, and in support
