that probate was not granted to her surprise. The Petitioner was well-aware of the
probate proceeding. After grant of probate the Respondent ... appearing for the Executrix
argued first that the instant application for revocation of probate is filed after 32
years of grant of probate. The application
under
Section 263 of the Indian Succession Act, 1925 praying for revocation of
probate granted by this Court, of the last will and testament ... Article 137 of the Limitation Act, 1963 to applications for revocation of
probate and held that a petition for revocation of letter of administration
filed
connected to GA 3 of 2024, an application pending for
revocation of grant of probate.
One PLA 58 of 2021 was filed by the present ... challenging the maintainability of the revocation
application since the Petitioner had not taken any step for grant of probate
of the alleged Will
Caveator,
the judgment in probate proceeding is a judgment in rem and any person aggrieved
by the outcome of probate proceeding ... knowledge about the
proceeding is entitled to file an application for revocation of probate on such grounds
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as may be available. Referring
Caveator,
the judgment in probate proceeding is a judgment in rem and any person aggrieved
by the outcome of probate proceeding ... knowledge about the
proceeding is entitled to file an application for revocation of probate on such grounds
5|Page
as may be available. Referring
Caveator,
the judgment in probate proceeding is a judgment in rem and any person aggrieved
by the outcome of probate proceeding ... knowledge about the
proceeding is entitled to file an application for revocation of probate on such grounds
5|Page
as may be available. Referring
Caveator,
the judgment in probate proceeding is a judgment in rem and any person aggrieved
by the outcome of probate proceeding ... knowledge about the
proceeding is entitled to file an application for revocation of probate on such grounds
5|Page
as may be available. Referring
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 ... limitation under Article 137 of the Limitation Act in
proceedings for revocation of probate."
With reference to the above observation, the Three Judges
record.
GA/1/2023 is filed with a prayer for revocation of probate
granted in respect of last Will and Testament of Late Banwari
Court:- GA/2/2025 is an application for revocation of probate.
Exchange of affidavit is yet to be complete. Affidavit-in-opposition shall be filed
