event, the appellant has not made out a case for revocation of probate and none of the grounds for revocation as set out in Section ... held that the appellant has not made out a case for revocation of probate. Hence, this submission does not arise for consideration.
43. The learned
probate is granted, the same operates from the date of
the grant of the probate and thus in proceedings for revocation of probate,
the limitation ... challenge is raised to
a Will or to cases where revocation of grant of Probate is sought. It may
thus, be concluded that
same time,
however, even in the case of revocation of a probate the Court
has certain amount of discretion.
But in that case , the Court ... been contended that a ground which would
be sufficient for revocation of a probate would
ordinarily be sufficient to invalidate a grant and that
inasmuch
petition under Section 263 of the Indian Succession Act, 1925 for revocation of Probate or Letters of Administration. Following the said judgment and other judgments ... property covered in probabated Will have no right to file revocation of probate as a caveator and the only remedy is to file a Suit
reasons
or cause cited in support of the application for revocation of probate.
Consequently, on examining each illustration in the explanation to
Section ... find that the reasons cited by the Applicants
for revocation of the probate do not constitute a “just cause” for such
revocation. In G.Shanmugham
plaintiff has filed P & SC No.15055/2006 for revocation of
Probate.
15. In support of his case, the plaintiff has produced
4 documents ... Probate proceedings have been initiated and issued Probate
Certificate as per Ex.D.4 and Probate Proceedings initiated
by the defendant No.1 in respect
make an application to the District Judge for revocation of the probate. Markby, J., said that "the grant of probate is the decree ... remedy an application under Section 234 for the revocation or annulment of the grant of probate or letters of administration; and that, in making such
testamentary jurisdiction under Section 263 , Succession Act, for revocation of the grant of probate of the second will. The application was made by Rai Bahadur ... that the only relief he proposed to claim was revocation of the grant of probate. Issue (a) can accordingly be paraphrased thus : "Can this
Pushpa Devi vs Moti Lal on 4 September, 2008
Author: N.P. Gupta
Bench: Vineet
proper remedy of the party who wanted a revocation of the grant of probate, was to apply to the probate court under Section ... under Section 263 of the Succession Act for a revocation of the grant of probate. In this case, no such proceedings have been taken. Therefore
