Tumakuru under Section 264 of the Indian
Succession Act seeking revocation of the probate issued in
favor of the appellant and respondent ... with care.
6. The simple point which requires consideration
is whether revocation of Probate is justified in law?
The facts have been sufficiently stated.
Suffice
also not established.
10
The plaintiff was not granted probate by the probate Court.
Under such circumstances, the First Appellate Court
committed an error ... suspicious
circumstances surrounding the execution of the registered
Wills. The revocation of probate was under the circumstances
as stated in the plaint
this
Court to withdraw the appeal with liberty to seek revocation
when probate is granted.
The appeal is dismissed as withdrawn reserving liberty ... petitioner to seek for revocation of the probate.
The Registry is directed to refund the Court fee.
Sd/-
JUDGE
been entered in the revenue records consequent to the
order of probate said to have been obtained by respondent ... petition under Section 263 of Indian Succession Act, 1925
seeking revocation or annulment of probate certificate
dated 24.02.2021 issued in favour of respondent
Special Judge, Davanagere granted probate to the
respondent herein. If the appellants are aggrieved
by the order of granting probate, they can
approach the District ... Court under section 263 of
the Indian Succession Act for revocation of the
probate. This appeal is unnecessarily filed. Hence
:: 3 ::
it is dismissed. Liberty
Additional District and
Sessions Judge, Mysuru [for short, 'the probate Court'].
This petition in Misc. No.58/2014 is filed under Section ... short, 'the
-4-
Act'] for revocation of the probate granted in P & SC
No.6/2013 to the last Will and Testament
FILED UNDER SECTION
383 OF THE INDIAN SUCCSSSION ACT, FOR
REVOCATION OF THE PROBATE GRANTED IN
FAVOUR OF THE RESPONDENT THEREIN
point is well settled that when once a competent
Court has granted probate of a Will, then so long as it
remains in force ... that a
probate granted by a civil court cannot be questioned in an
original suit, the contesting respondents have thereafter
sought revocation of the Will
