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
misconstrued the position of law that caveatable interest is required for revocation of probate also apart from probate proceedings. He would further submit ... parties to the probate proceedings but not after the grant of probate. He would also submit that after the grant of probate, the said order
revocation of probate and stay of all further proceedings that would follow the grant of probate.
2.3. The application for revocation of probate was filed ... locus standi to seek revocation of the probate.
(xvi) Title to the probate cannot be determined in probate proceedings. Respondent
judis.nic.in
JUDGMENT
Inveighing the order of revocation of probate granted in favour of the
appellant by the I Additional District Court, Salem, dated ... revocation under Section 263 of the Act, lays
down certain grounds for revocation of grant of probate. Section 263 of the
Act reads as under
reagitate the same by way of filing the same application for revocation. The Probate was granted only on the basis of the Memo of Compromise ... revocation of the grant must be made.
13. The point arising for determination is whether the aforesaid circumstances exist for revocation of Grant of Probate
Indian Succession Act, he can file an application for
revocation of probate.
http://www.judis.nic.in
11
......As rightly concluded by the learned Judge ... file an application
http://www.judis.nic.in
14
for revocation of probate on such grounds as may be available to him.
A Judgment passed
probate. Therefore, he is entitled to maintain the application of revocation of probate. In this regard, the learned counsel has relied on section ... counsel for the applicant submitted that the right to apply for revocation of probate or letters of administration is a continuing right of a person
suspicious circumstances surrounding the Will. Hence, prayed for revocation of Probate.
5. Learned counsel for the respondents would submit that the Probate was granted ... 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
applications are filed by third parties for the same relief of revocation of probate granted in favour of the first respondent, a common order ... person seeking revocation of probate establishes his or her caveatable interest the probate court is not bound to revoke the probate merely on the basis
filed under Section 24 of
C.P.C. to withdraw the Revocation Probate O.P.No179 of 2012 from the file of
the learned ... respondent herein. Therefore, the petitioner herein filed a petition in
revocation probate O.P.No179 of 2012 has been filed by the petitioner
