contends that If the grant of probate is revoked then probate proceeding has to be heard de-novo. There is no order recording cancellation ... surplusage. However, since the probate has been revoked the original probate proceeding revives all the heirs and legal representatives in case of the death intestacy
grant of probate because Order 9 Rule 9 of the Civil P.C. has no application to a probate proceeding, as rightly found ... probate being an original proceeding, is a proceeding as contemplated by Section 141 of the Code. Therefore, such a proceeding clearly attracts the procedure provided
protected by the Probate Court during the
pendency of the probate proceeding. He further contended that, in fact, such
protection has already been given ... exercised by the representative of the Probate Court during
the pendency of the probate proceeding. By referring to the various judgments of
this Court passed
contended that the Probate was obtained without impleading all the heirs of deceased Upendra Nath to the said Probate proceeding and by not serving ... Probate has already been instituted. As such, those transactions have no material bearing to prove the validity of the probate proceeding.
30. Considering these rival
grant of probate of the Will alleged to have been executed by Smt. Bakul Banerjee in this Court. In the said probate proceeding the appellants ... caveat. This application for not permitting the appellants to contest the probate proceeding was allowed by the learned Judge by the impugned order only
provisions
of CPC are applicable to a civil proceeding including probate
proceeding. Therefore, noncompliance of Order 7 Rule 1 attracts
dismissal of the application ... proceeding was converted into a proceeding to one for grant of letters of
administration. In an appeal from the order passed by the Probate Court
2021 and GA/5/2022
1. The parent probate proceeding bearing PLA No.327 of 2021 is for
grant of probate of the alleged last ... wherein Subhash Maniyar is the
3
Executrix. However, the present probate proceeding has been
instituted by Chandni for probate of the latter Will
ANIRUDDHA BOSE, J.:-
1. Both these appeals arise out of a probate proceeding in respect of the Will
of one Arun Chandra Roy, who passed ... Dutta for the proposition that the absence of
citation in a probate proceeding is likely to affect rights of interested persons. In
the latter judgment
citation upon respondent No. 1 to enable her to contest the
probate proceeding.
3. It was contended by learned Senior Advocate for the appellant
that ... grant of probate to the Will and
testament of the testator, special citation was not issued in the probate
proceeding. Probate was granted
citation upon respondent No. 1 to enable her to contest the
probate proceeding.
3. It was contended by learned Senior Advocate for the appellant
that ... grant of probate to the Will and
testament of the testator, special citation was not issued in the probate
proceeding. Probate was granted
