alone are entitled to grant
probate.
Section 276 provides the procedure to obtain probate, namely
(1) application for probate .... with the Will annexed,
shall ... Jevallabh Harjivan , AIR 1933 Bombay, 469 probate was granted
by the High Court exercising probate jurisdiction. A civil
suit on the Original Side was filed
present Title
Suit seeking declaration and recovery of possession over the suit land, which is
also the subject matter of the Probate Suit and from ... construction over the suit land, till
disposal of the suit, by admitting the possession of the respondent over the suit
land and the said petition
issue nos.1 and 2, it was pointed out that probate
suit is pending in the Bombay High Court, wherein the
learned Judge has expressed ... basis of result in the probate
proceedings and make the award according to law.
Thereafter, in the probate suit on 27.10.1999 parties
filed Minutes
arise in the civil suit and even if they arise in ciivl suit, the finding of the probate Court on such issues shall be final ... issues which legitimately arise in probate proceeding and after evidence in probate proceeding is over the plaintiff of civil suit No. 9 of 1982 shall
Partition suit, both proceedings either should be
decided together or the partition suit should be stayed.
Probate proceedings are summary in nature whereas
partition suit ... probate.
.................
20. ... The Probate Court has been conferred with
exclusive jurisdiction to grant probate of the Will of the
deceased annexed to the petition (suit
Aroon Kumar Bose.
3. The plaintiff/respondent instituted the suit for grant of probate of the last Will and testament of one Bimal Behari ... judgment and decree dated 29th June, 2005 decreed the suit and granted probate in respect of the Will dated 1.3.49 executed by Bimal Behari
into
title suit, whenever the probate case is being contested.
• The probate case, thus was converted into Title Suit ... 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
application/probate petition. Section 295 provides that when probate proceedings become contentious, the proceedings shall take the form of a regular suit as nearly ... regular civil suit. The filing of a regular civil suit after the orders of this Court does not make the suit as not maintainable. Even
appealing companies and society are not even
defendants in the probate suit and, therefore, no order affecting them could
have been issued and that ... Probate
Court. Thus, the power of the probate court to grant an interim order had to
be construed in relation to the grant of probate
have objected to the maintainability of the present suit as
no probate has been obtained from the competent court. Further, the
defendants ... Probate - Specifically
provides for petition for probate any other remedy is forbidden plaintiff did not
seek a probate on the basis of the Will - Suit
