judgment : 03.12.2016
JUDGMENT
1. A revocation petition under Section 263 of Indian
Succession Act for revocation of Probate and letter of
administration granted ... applicant Shiv Mandir
Sansthan has no locus-standi to file the present revocation
petition. The applicant examined AW5 Sh. Sri Kishan Saini,
the President
India. This challenge could have been a ground to seek revocation
of probate by Majharuddin, the predecessor in interest of the plaintiff ... case, the appropriate remedy with Mazharuddin was to seek
probate which would involve the revocation of letter of administration. It is not
explained why this
judgment : 03.12.2016
JUDGMENT
1. A revocation petition under Section 263 of Indian
Succession Act for revocation of Probate and letter of
administration granted ... applicant Shiv Mandir
Sansthan has no locus-standi to file the present revocation
petition. The applicant examined AW5 Sh. Sri Kishan Saini,
the President
late Shri Nand Singh after his death. It is further
denied that Probate of a Will does not decide the
question of the title ... petition U/s 263 of
Indian Succession Act for Revocation of Probate/ Letter
of Administration (colly.) Ex.PW1/2; Certified copy of
the Will
bequeathing his property in favour of the plaintiff. The plaintiff filed a
probate petition bearing no. 141/2001 (old) 19/2006 (new) on the basis ... filed a probate petition bearing no. 186/11 and 383 for revocation
of probate granted in favour of the plaintiff in respect of last registered
Maharashtra Court-fees Act.
MAHARASHTRA
India
Maharashtra Court-fees Act.
Act 36 of 1959
Published
question whether proceeding
initiated by way of Probate Application No.74 of 2000 was for
obtaining probate or for succession certificate, the fact
remains that ... Civil Petition No.161 of 2008
for revocation of the succession certificate issued in Probate
Application No.74 of 2000 and order passed therein
Section 383 of the Act
provides for revocation. When non-compliance of
the conditions results in revocation of the
certificate itself then the only interference ... Section 263 of the Act of 1925 regarding revocation of
grant of probate is akin to the provision of Section
that propounded a later Will. The claim that
the Plaintiff has obtained Probate to Lata's Will by fraud and
misrepresentation is quickly dispatched ... opposition to this Will; they must separately move for
revocation of the probate to Lata's Will.
22. In the view that I have
that propounded a later Will. The claim that
the Plaintiff has obtained Probate to Lata's Will by fraud and
misrepresentation is quickly dispatched ... opposition to this Will; they must separately move for
revocation of the probate to Lata's Will.
22. In the view that I have
