right to the revocation of the probate. The grounds for revocation of probate are set out in Section 283 of the Succession ... calling in the probate, he makes the probate for the time being ineffectual and its revivor or final revocation depends on the result
probate proceedings and without any
verification of genuineness of no objection certificates
mechanically granted probate which was
unsustainable. If it is accepted that in probate ... probate proceedings;
(e) It could include situations where probate was
granted without complying with the provisions of the Indian
Succession Act or Rules governing Probate
favour of the Applicant.
6. In the said Application for revocation of Probate, the applicant
filed an Application for rejection of the said Application purportedly ... probate was granted on 16 th January 1967.
The Appellants therein filed an Application to revoke the Probate. A
prayer to convert the said Revocation
cross-examination deposed that in 1986 he had applied
for revocation of probate on the ground of fraud in
obtaining the probate by defendant ... probate on
the disposition(s) during the pendency
of the probate.
(II) Was the disposition during the
pendency of the probate founded on
fraud
Indian Succession Act,
before the District Court, Bangalore, seeking revocation of
probate granted to Mrs. Mathias on 09.09.1960. It means
that the appellant approached ... probate by
a Competent Court operates as a judgment in rem and once
the probate to the Will is granted, then such probate is good
last May 1946, Harinam Sha filed an application for revocation of Probate. He stated therein that the will was a forged document, that the story ... heir, but this fact was fraudulently concealed in the application for probate, and probate was obtained without any citation being issued on Janaki
bogus document, she is constrained to file the present
application for revocation of probate.
6. The respondent filed a counter stating that the petitioner ... speaks about revocation or annulment for just cause.
" Section 263 . Revocation or annulment for just cause.
The grant of probate or letters of administration
Rule 3, of the Code of 1908; that the proceeding for revocation of probate is a suit within the meaning of that rule and that ... appeal, it has been contended that the proceeding for revocation of probate is a suit within the meaning of Order XXIII, Rule
Succession Act, and accordingly he filed a fresh application for revocation of probate under that section in the Court of the District Delegate at Bagerhat ... probate proceeding. But the District Delegate is not given any jurisdiction to decide a contentious probate matter and unless a proceeding for revocation
submission that article 137 is
attracted to a petition for revocation of probate and or letters of administration and such
petition has to be filed ... testamentary department. The Appellant has in the proceedings
for revocation of probate made a bald statement that she was not aware about
the alleged Will
